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What else can I help you with?
The Executor in a Will is deceased. Can a sibling of the deceased now be appointed?
The court will look at the Will to determine if an alternate executor is named. If not, then the state probably has a list of people, in order, who should be named as administrator of the estate. Relationship to the deceased executor is irrelevant.
Can an executor of an heir eviction a sibling from property that they live in of the deceased?
They do have that ability to have them removed. The property belongs to the estate and the executor is responsible for it. They can rent or sell the property.
How do you get a power of attorney for a deceased sibling?
A power of attorney represents a living person. After their death, you would apply to be executor of their estate with the probate court.
Can my sister the executrix sale my deceased dad's home without sibling signatures?
The executor would have that authority. They don't need anyone else's permission.
Can a sibling claim themselves as executor of your parents estate without your consent if there isn't a will?
They can't claim to be the executor, they have to be appointed by the court, otherwise they have no legal standing to do anything with the estate. And you have the right to object to their being appointed executor.
Can a executor evict his sister from their late parents' home if it jeopardize the sale of the house and there is no will?
There is no executor if there is no Will. The estate must be probated and the court must appoint an estate representative. That representative will have the power to request a license to sell the property. The representative should ask the attorney who is handling the estate how to handle the sibling who made their home with the deceased parent. The sibling has property rights and rights as a tenant.
How is refund check is payable to Sibling filing tax return for deceased?
When a sibling files a tax return for a deceased person, the refund check is typically payable to the estate of the deceased individual. The sibling, as the executor or administrator of the estate, can deposit the refund into the estate's bank account. If there is no formal estate, the check may be issued in the name of the deceased and require additional steps for cashing or depositing, often involving legal documentation like a death certificate and proof of relationship. Always consult a tax professional for specific guidance in these situations.
Can four siblings over rule another with the sale of deceased parents house?
If all four siblings are listed as legal owners of the deceased parents' house, then decisions regarding its sale would typically require unanimous agreement. If one sibling is able to establish power of attorney or has been assigned as executor of the estate, they could potentially make decisions on behalf of the others, but this would depend on the specific legal arrangements in place.
Can brother executor prevent sibling from entering father's home?
Yes, until the estate is settled and the distribution has been made according to the terms of the will the executor is responsible for collecting and protecting the assets of the deceased. They may feel the need to keep others from removing property prior to distribution.
Is sister responsible for deceased brother debt if no will?
Without some other duty owed the creditor (ie: cosigner on a loan, executor of estate obligated to pay creditor out of estate assets), there is no responsibility for the sibling of the deceased to pay the debts of the deceased. Further, the executor of an estate has no personal liability to pay debts of the deceased beyond the available funds of the estate. ---- Atty. John Libertine is providing this information for research purposes only, and is not offering legal advice. Licensing information is subject to change.
Does the executor to a person's will have the legal authority to bury the person's remains without sibling consent?
Yes. The Executor has full authority regarding the estate of the deceased. I have seen a few cases myself where the executor cremated the body, took the ashes to a private location, and never told anyone of that location. Obviously, however, the siblings could attempt to fight this in court.
What rights does a sibling have to go into their deceased parents home when one sibling lives there?
Yes unless there's a will or court order saying otherwise. The remaining family is usually the ones packing up the belongings.
