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What is the procedure taken by an executor to negotiate with the beneficiaries of a will because some beneficiaries want a more fair deal according to them?
After the will has been allowed and the executor has been appointed by the court the executor is obligated by law to carry out the distribution as set forth in the will by the testator. The executor has no authority to change any provisions that were made by the testator unless that power was also granted in the will.
There is no "procedure for negotiating" with beneficiaries who want a "more fair deal" than was provided by the testator. The executor needs to seek some advice from the attorney who is handling the estate. The executor needs a primer on their legal obligations and personal liability if they overstep their authority and decide to operate outside the probate laws.
What else can I help you with?
What if a beneficiary of a will dies while the will is being dealt with by the executor?
The beneficiaries' estate will get their share. The executor will continue to process things according to the will.
Can an executor decide the distribution of assets among beneficiaries in a will?
Yes, an executor is responsible for distributing assets according to the instructions outlined in the will. They must follow the wishes of the deceased as specified in the will when distributing assets to beneficiaries.
What can beneficiaries do if executor assumes ownership of property and leaves out coexecutor and other beneficiaries?
The executor IS the owner of the property, for the purpose of probate.
Does the Executor answer to the beneficiaries?
The executor should operate in the estate's best interests.
Can executor of will change beneficiary after death?
Can an executor of will change beneficiaries before or after death
What is Alabama state law on the power of Executor over the beneficiaries?
The executor has no power over the beneficiaries. The executor is responsible to the probate court for the administration of the estate. They must make a full accounting to the court.
Can an executor be beneficiary of a will in CT How can an executor be removed by an heir?
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
Does the executor receive the estate in the UK?
No, the beneficiaries receive the estate. An executor could be a beneficiary
When there is no will how is executor picked?
The beneficiaries can request a specific executor. Or the court will appoint a neutral party.
If an executor of a Will inform beneficiaries of the contents b4 the testator is deceased and this leads to pressure on the executor or on the other beneficiaries to do deals what does this mean?
The executor is breaching their duties. They have no control over the estate prior to the testator's death.
If an executor overpays a beneficiary and the other beneficiaries want the overpayment back who is liable?
The executor is liable for any errors they make in paying debts or paying beneficiaries.
Can the executor sell the property without all beneficiaries approval in South Africa?
The beneficiaries don't get to make the determination. As long as the court is satisfied, the executor can do so.
