If the executor never divided the assets, find out why and give your definition of never. Frequently, assets are not divided for a period of 9 months or a little more. If the executor has given the final report to the probate court and then does not divide the assets, you may have a reason to complain. After you have checked with the executor, you might need to check with a lawyer.
The executor has no control over how the estate is divided. Each state has laws on how the property is divided when there is no will.
Only the children can sell the property which they jointly own. The executor cannot sell it, unless the children ask him or her to do so on their behalf.
Yes, the executor may sell the home. The money would be used to pay debts and taxes. The remainder would be divided according to the will.
The will must be admitted to probate. The executor must be appointed by the court. Then, the executor must do something that violates their legal responsibilities. That could take months or that may never happen. You seem to already have something in mind.
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
What is the difference between an independent co-executor and a co-executor
The executor should never pay the bills themselves. They should have the estate do it. Yes, with proper receipts, there should be no problem with getting the money back.
Yes. A spouse can be named as executor of a will. A spouse can be appointed by the court if there is no named executor or the named executor cannot serve.
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
The executor does not have to sign the will. They don't even have to know there is one or that they are the executor.
No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.
No, the executor works for the estate. The estate will pay the executor a reasonable fee. The beneficiary has limited direction that they can give the executor.