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What else can I help you with?
What should you do if executor of mother's will wants to buy siblings out but not at fair price?
Do not sell to them. They can also apply to the court to have a neutral executor appointed. All valuation should be at a fair market price.
If the executor asks a lower price for a property than the joint beneficiary wants what are the rights of the beneficiary?
The executor has a duty to the estate to bring the best possible price for the liquidation of the assets. The executor will list the property for what it is worth, not what the beneficiary wants.
Can an executor get any of the computer equip he wants before the siblings?
The executor is supposed to execute the terms of the will. If the will says that "person X" gets any computer equipment of the decedant's that he wants, with the remainder going to the siblings, then person X gets it, whether person X is the executor or not. If it says the computer equipment goes to "the siblings", then that might be a gray area if the executor is one of the siblings, but usually an equitable distribution is implied, so the executor can't say "I'll take the Cray YMP, and you can have the Apple II". An executor who violates the terms of the will is acting in bad faith, and you should retain a lawyer to file a complaint with the probate court.
Can executor appoint a representative?
Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.
If a beneficiary did the job of the executor and the executor still wants their comission can you challenge them in court?
Of course you should bring the matter to the attention of the court. However, the court may consider the person who did the work for the executor a volunteer. The executor was the court appointed estate representative. The beneficiary should have stayed out of it. It brings to mind the Tom Sawyer story about painting the fence.
One of three siblings has been left a property by the mum but the executor wants the keys can he insist?
Yes, he has the right to protect the property. He has to make sure it is kept safe as well as have it appraised.
How do you change the executor of an estate after the death of the family member My brother is executor and wants nothing to do with estate. How can I become the executor?
The executor can file a resignation with the court and you would petition for appointment as the successor.
How does an Executor nominate a new one?
An executor who wants to end their duties must petition the probate court that appointed them to allow their resignation. The court will appoint a successor. Another person who is interested in being appointed should join in the petition.
What can you do if the executor of the will wants to change the will and the other two eirs do not want to change the will?
Only a testator can change her will while she is living. Once a testator has died, the provisions set forth in the will can only be modified by a judge. An executor named in the will has no authority until they have been appointed by a court. This named executor has shown they are dishonest. The other beneficiaries should submit the will for probate and petition to be appointed the executor. The court should be made aware of the named executors suggestion that the provisions in the will should be changed. That is a violation of law.
What happens if one executor wants to put her children as executors and the othe executor disagrees?
Executors don't appoint executors. The court appoints them.
If someone is the executor of estate and wants to do a modification on a loan they are not on is that an option?
The decision to allow the executor to modify an existing mortgage is up to the lender. The executor could refinance the property with a new mortgage if allowed by the court.
What happens if the executor of an estate refuses their position and makes the next of kin executor?
Happens all the time. No big deal. The executor, whomever it is, fulfills the duties are required by law. And if no one 'wants' to be the executor, the court will appoint someone to do it, usually an attorney or a bank.
