Typically it would be expected that the estate would cover the minimal cost of transferring the title, particularly if the will specifies who is to get it. If the estate does not have sufficient assets to cover the cost, it would not be unreasonable to request the beneficiary to cover it.
If an executor acted in bad faith then you can take the executor to court to force them to repay the value of the car to the estate.
An executor cannot sell the life estate. If the sister was given a life estate she has the right to the use and possession of the property for life. The property cannot be sold without her written consent.
The administrator is the person given the responsibility for the estate. They are often referred to as the executor of the estate. The court appoints them to value the estate and settle the debts and to execute the will under the guidance of the court.
Yes, gifts that were given within two years of the death can be pulled back into the estate by the executor.
They have full rights to the assets of the estate. They must be given access. They have to preserve the estate and have it evaluated.
PetitionIn Tennessee, the estate executor files a petition with the court to receive payment for his duties. The petition includes a description of the assets of the estate along with a description of the services rendered. The estate executor requests an amount of compensation and then verifies that a copy of the petition was sent to all interested parties. The amount of compensation is based on the value of the estate and services provided by the estate executor.CourtThe probate court in Tennessee presiding over the estate determines the fee for the estate executor. The court decides on an amount which it deems fair, reasonable and appropriate given all the circumstances involved in settling the estate. These factors include the size of the estate, involvement of estate executor in settling the estate and relationship of estate executor to the decedent. The court will also take into consideration any complex litigation involved in the settlement of the estate. If the testator indicates in his will how much the executor should be paid, the court will take this into account, but must set the fee in accordance with state statute.Reasonable FeesIn determining the reasonable fees presented to estate executors, Tennessee courts take into account the value of the decedent’s gross estate. If the value of the estate is under $50,000 a minimum fee of $500 to the estate executor is considered reasonable. The percentage of the estate executor's fee decreases as the value of the estate increases. For example, for an estate valued at around $1,000,000, the estate executor would receive .5 to 1 percent of the estate's value. For an estate over $1,000,000, the estate executor would receive .25 to .50 percent.Extraordinary ServicesTennessee courts also take into account extraordinary services when determining fees for an estate executor. Extraordinary services can prolong the administration of an estate and consume more of an estate executor's time. Examples of extraordinary services include sales or mortgages of real or personal property and lengthy contested litigation involving claims against the estate. Complex tax returns or audits by any federal or state agencies can take up more of an executor's time. Finally, the managing or selling of the decedent's business can be a consuming process. Tennessee courts value this extra time and compensate estate executors accordingly.
A receipt and some sort of valid valuation for the item.
No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.No, not unless they were married or he appointed them as executor in his will.
The following information is general information only. The laws in your state may vary. Generally, there needs to be special authority in the will in order for the executor to have the power to transfer real estate. IF the will was allowed and you were appointed the executor and IF you were given power to sell real estate in the will and IF the property was devised to you in the will then you can execute a deed from you as executor to yourself as an individual. If you are the duly appointed executor and were not given power to sell real estate in the will and the property was not devised to you personally in the will then you need to apply for a license to sell real estate from the probate court in order to transfer it to yourself. If you were not given the power to sell property in the will and the property was devised to you then you don't need to execute a deed. The title is in your name as long as the estate was probated. Probate records are public records and title to real property can be transferred in probate. The probate process transfers title to real estate to the heirs. You should seek the advice of the attorney who is handling the estate.
"Rights" may not be the appropriate term. A beneficiary has a "claim" to the estate, arising from their inclusion in the will. Anyway, to get to your question, a beneficiary should be given a copy of the will, so that they may view their entitlement, and the entitlement of all the other beneficiaries. Also, the Executor should contact you and inform you of their progress administrating the estate. As a beneficiary, you may have legal recourse if you do not think the Executor is administrating the estate correctly.
The Erbe family has a Gemanic origin. It was a name given to the family who inherited riches or heir of a big estate.
An Executor and an Administrator are two very different types of estate representatives.An Executor is appointed by the probate court to settle the estate of a person who died testate or with a will. An Administrator is appointed by the probate court to settle the estate of a decedent who died without a will or intestate.Someone who has been named as an Executor in a will must file the will with the probate court with a petition that the will be allowed and the Executor be appointed. The court will review the will to make certain it is technically valid under state laws and if there are no objections it will appoint the Executor. The Executor will be given the authority to settle the estate under the supervision of the probate court.In the case of no will, some qualified person must petition the probate court to be appointed the Administrator. If there are no objections the court will appoint the Administrator and that person will have the authority to settle the estate under the supervision of the probate court.In some cases and in some jurisdictions should the executor die or leave some tasks unfinished the court will appoint a successor to complete the settling of the estate. That person is called an Administrator with the will annexed or an Administrator de bonis non.