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In California does the executor have to be appointed by the court even if the trust states who the executor is?
You are very confused about trusts and executors and mixing your terms. The decision to transfer your property to a trust is an estate planning tool. Property that has been properly transferred to a valid trust does not become part of the probate estate of a decedent because that property is owned by the trust. Property owned by a trust is managed by the trustee according to the provisions set forth in the trust. While trusts can determine the distribution of trust assets a trust cannot "appoint an executor". It doesn't need to because there is no estate in the trust grantor. An executor distributes assets under a will. The trustee distributes assets owned by a trust.Generally, an executor is the person named in a will to supervise the settling of an estate. If the estate contains any probate assets the will must be probated and the executor must be appointed by the court. Once appointed, the court issues Letters Testamentary in the executor's name. The Letters provide the executor with the authority to settle the estate. An estate that contains real property must be probated in order for title to the property to pass to the heirs legally. When a person has transferred all their property to a trust while living then there is no estate to probate at death.Now remember, executors are named in wills by testators and/or appointed by courts. Trustees are named by trustors in trust documents and manage trusts.
My sister was appointed as executor of my mother's will and has not executed the requests. It has been 3 years since she passed. I am second executor on the will. What can I do to enforce the will?
Your mother's will should be probated. The court will decide if the will is valid and then will appoint the executor. Since your sister is the named executor the court will want either to appoint her or will want her to decline to be appointed in writing. You can then petition to be appointed. Once the will has been allowed and the executor has been appointed the distribution of the property must be carried out according to the law, to the provisions of the will and in a timely manner. Creditors will have an opportunity to make a claim. If your mother owned any real estate her estate MUST be probated in order for title to pass to her heirs. If she had bank accounts in her name alone the executor will be given authority by the court to close the accounts and distribute the proceeds. If your mother owned any such property you should seek the advice of an attorney.
What legal rights do your step children have to property their now deceased father and I acquired during the marriage?
They may have no rights to property you acquired during your marriage but that depends on some other factors such as:How your co-owned property was titled.Whether he owned any property in his own name.Whether he had a will.Whether you live in a community property state or a separate property state.State laws of intestacy if he had no will.Whether he left minor children.You can check the laws of intestacy in your state at the related link. That may give you an idea of where you stand.They may have no rights to property you acquired during your marriage but that depends on some other factors such as:How your co-owned property was titled.Whether he owned any property in his own name.Whether he had a will.Whether you live in a community property state or a separate property state.State laws of intestacy if he had no will.Whether he left minor children.You can check the laws of intestacy in your state at the related link. That may give you an idea of where you stand.They may have no rights to property you acquired during your marriage but that depends on some other factors such as:How your co-owned property was titled.Whether he owned any property in his own name.Whether he had a will.Whether you live in a community property state or a separate property state.State laws of intestacy if he had no will.Whether he left minor children.You can check the laws of intestacy in your state at the related link. That may give you an idea of where you stand.They may have no rights to property you acquired during your marriage but that depends on some other factors such as:How your co-owned property was titled.Whether he owned any property in his own name.Whether he had a will.Whether you live in a community property state or a separate property state.State laws of intestacy if he had no will.Whether he left minor children.You can check the laws of intestacy in your state at the related link. That may give you an idea of where you stand.
What is the opposite of private property?
The opposite of private property is public property, which is owned collectively or by the government for the use and benefit of the general public.
What does community property state mean?
The term community property state means that the community property in a marriage divided equally between the two parties when there is a divorce. This property usually does not include property owned before the marriage.
Does executor have right to sell house if you own half?
If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.
Can the executor sell property without all beneficiaries approval in New York state?
No, the executor cannot sell property that is in a trust.First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.
Can executor pass responsibilities to attorney?
Yes. The executor can assign their rights to represent the estate by the appointment of an agent. That is frequently done when the deceased owned property in another state or when the appointed executor lives a distance from the court where the estate is filed.
What happens if your husband died and land you owned was only under his name?
After he died, the court-appointed estate administrator or executor (and probably an attorney) would determine who owned the property and who should receive it under interpretation of the will or the laws of intestacy, after satisfaction of other obligations, and subject to court approval. The spouse will typically get all the property from the deceased, though if there are minor children it may be split out. The spouse usually has Homestead or Dower rights in the property.
Can the executor of a living trust refuse to pay money to beneficiaries even though all debt has been paid and there is still property to be sold?
A trustee manages the property in the trust. An executor manages the property owned by a decedent at the time of their death. You need to review the trust document to determine what the trustee must do with the trust property now that the settlor has died.
Can Estate letters of testamentary be used in different states?
No. If the decedent owned property in another state the executor must request Letters Testamentary in that state.
Can the executor on an estate sell himself property owned by the estate with a demand promissory note?
They must pay a fair market price for the property. The demand note will have to be resolved before the court will close the estate.
In California does the executor have to be appointed by the court even if the trust states who the executor is?
You are very confused about trusts and executors and mixing your terms. The decision to transfer your property to a trust is an estate planning tool. Property that has been properly transferred to a valid trust does not become part of the probate estate of a decedent because that property is owned by the trust. Property owned by a trust is managed by the trustee according to the provisions set forth in the trust. While trusts can determine the distribution of trust assets a trust cannot "appoint an executor". It doesn't need to because there is no estate in the trust grantor. An executor distributes assets under a will. The trustee distributes assets owned by a trust.Generally, an executor is the person named in a will to supervise the settling of an estate. If the estate contains any probate assets the will must be probated and the executor must be appointed by the court. Once appointed, the court issues Letters Testamentary in the executor's name. The Letters provide the executor with the authority to settle the estate. An estate that contains real property must be probated in order for title to the property to pass to the heirs legally. When a person has transferred all their property to a trust while living then there is no estate to probate at death.Now remember, executors are named in wills by testators and/or appointed by courts. Trustees are named by trustors in trust documents and manage trusts.
My father died in 2003 and named a son as executor. Can his surviving spouse transfer ownership of their home to only one son and remove other son as a beneficary after her death?
If the property was owned by the parents with a right of survivorship then title passed automatically to the surviving spouse bypassing probate. In that case the property is the sole property of the surviving spouse. She can convey it to anyone she chooses or she can leave it in her will to whoever she chooses. That property is not under the control of the executor.
Can an executor of an estate remove heirs from a property that is designated to be sold in the will if those heirs have paid the property taxes?
Yes, if the property was owned by the decedent and the Will provides that it be sold. In that case, the executor must carry out the provisions in the Will unless the provision is changed by a court order. It is assumed that there are other heirs besides the ones who paid the taxes on that property. The heirs who paid the taxes can file a claim against the estate for the amount they paid in taxes and they can offer to buy the property from the estate if they wish to keep it. They should speak with the attorney who is handling the estate.
If a person leaves his estate to his spouse but someone else is the executor does the executor have any responsibilities in executing the will?
The estate must be probated if the decedent owned any property in their sole name. The executor must be appointed by the court and then has ALL the responsibility of settling the estate. The assets must be collected and an inventory filed with the court. The debts must be paid before any distribution can be made. The creditors are given a statutory period during which they may make a claim. That period varies from state to state. No distribution can be made until that period has passed. The executor has full and exclusive control over any property owned solely by the decedent. Therefore, only the executor has the authority to close bank and investment accounts and accept insurance proceeds for any insurance policies owned by the decedent that did not list a beneficiary. The executor must file an estate tax return even if no taxes are due. Finally, a final account must be filed with the court that lists all the real and personal property and where it went.
What is a Trust Res?
The property owned by a trust is the trust res.The property owned by a trust is the trust res.The property owned by a trust is the trust res.The property owned by a trust is the trust res.
