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Yes, an executor of a will is generally not legally obligated to inform beneficiaries about the specifics of their actions, such as house removals. However, they are required to act in the best interests of the estate and communicate significant decisions. Transparency can help maintain trust among beneficiaries, but the level of communication may vary based on the executor's discretion and the complexity of the estate. Beneficiaries can request updates if they feel uninformed.

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2w ago

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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 a beneficiary stay at a property without paying rent to other beneficiaries?

They are not responsible to the other beneficiaries, they are responsible to the estate. It is up to the executor to make sure things are done fairly.


Is it legal for an executrix to change the locks in a house without telling the beneficiaries in PA?

The executor of the estate has the duty to maintain it. That means making sure that things stay intact and nothing goes missing.


Can an executor of an estate take things from the home without consent from the other siblings?

No, an executor of an estate is legally bound to act in the best interests of the estate and its beneficiaries. Taking items from the home without consent from other siblings would likely be considered a breach of fiduciary duty and could lead to legal consequences. It is important for all decisions regarding the estate to be made transparently and with the agreement of all beneficiaries.


Can the executor of an estate also be a beneficiary?

Yes. It is common for a beneficiary to be also named the executor. The contents of a Will remain private until the death of the testator so the person who is named as executor may not be known until the Will is read. As the role of an executor is merely to distribute the assets of the deceased in accordance with the terms of the Will of the deceased, an executor will have no say in how the Will is prepared or to whom the assets should be distributed. Therefore, there is no legal reason why an executor should not be named as a beneficiary in a Will. In fact it is quite often preferable for a family member (and beneficiary) to act in the role of executor. That arrangement is frequently used in wills executed by husband and wife or life partners where each leaves the entire estate to the other and names the other as the executor.


Can executor pay her daughter to paint the house to ready it for sale?

Usually, yes, however, the executor is running a risk. An executor is not prohibited from hiring a relative merely because she is a relative. However; the executor may not pay that her more than the job is worth. No sweetheart deals, even if the daughter is a sweetheart. But that type of transaction is subject to challenge since it is inherently a conflict of interest for an executor to hire relatives to do things. The beneficiaries have the right to contest the amount paid if that amount is unreasonable or if the job done is substandard. If the executor overpays or gets a sustandard job, he risks having to reimburse the estate for the difference between what he would have paid to a professional and what he paid to his daughter.


Can the executor of the will take what she wants without informing the beneficiaries of what she is taking and throwing away the things she doesn't want without our knowledge?

That is an interesting question. In most cases the will dictates who is supposed to get the assets of the deceased person. In some cases, there are items that are not addressed. If the executor takes possession of something that is addressed in the will and does not distribute it as directed, then there is a violation of law and there could be civil or criminal charges filed. IF the items that are in dispute are not addressed in the will, a good executor will facilitate a process to divide those assets.


Is it common for the lawyer to be executor of a will?

It is often the attorney who is named executor of a will. This prevents the family from fighting over how things are done. Banks are another common executor.


Can someone sue an executor after the probate process is completed?

Yes, if the executor abused their authority, wasted assets, failed to follow the provisions in the will and the probate laws, failed to pay creditors or did any number of things an executor should not do or failed to do things an executor should do. An executor can be held personally liable for their misbehavior.


Is there a way of removing an executor if they have moved out of the country?

Yes. Executors are forbidden from abandoning estate assets or the obligation to handle the estate properly. Some states will consider moving to another country as such an abandonment would most likely be taken as an abandonment. The state where the will was probated will have statutes that outline the situations in which an executor may be removed from office. One of those instances is abandonment of estate assets. That state's probate court will have a procedure to file a complaint alleging the facts of the abandonment and demanding that the court remove the executor. The state's laws and court rules will direct the manner in which the complaint is to be served on the executor and if service is properly made, the court will proceed to look into the matter. If the executor fails to appear, the court will remove him or her. If the executor appears and denies the allegations of abandonment, the matter will proceed to trial. If abandonment is proved at trial, the executor will be removed. If it is not proved, the executor will not be removed. However, the court might require the executor to post a surety bond to protect the beneficiaries in case the executor does abandon things in the future.


How long does an executor have to distribute a will?

The distribution shouldn't be made until the statutory period during which creditors can make a claim has expired. An executor must act efficiently and expeditiously in settling an estate. If you think things are not proceeding as quickly as they should then ask the executor and/or the attorney who is handling the estate for a status report. If you don't receive a prompt response then complain to the court. Depending on the complexity of the estate it can take a few months to two years or more to complete the probate proceeding.


Do all keys have to br handed to the executor?

The executor has the duty to preserve the estate. That can mean preventing others from having access and taking things.