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Is a spouse of one of the beneficiaries of an estate permitted to remove tangible property from the home such as tools?
The spouse of a beneficiary has no rights to the estate. Removal of property without the executor's authorization could be prosecuted as theft.
Can the executor sell property without all beneficiaries approving in Virginia?
The executor of an estate always has the ability to sell property if allowed by the will. As long as the court agrees, the desires of the beneficiaries is secondary.
DOES EXECUTOR OF AN ESTATE HAVE THE LAST SAY ON WHAT OFFER THEY ACCEPT FOR HOUSE?
The executor of an estate has the authority to manage and sell estate assets, including real property, but they must act in the best interest of the estate and its beneficiaries. While the executor has significant discretion in deciding which offers to accept, they typically must consider the wishes of the beneficiaries and any relevant terms outlined in the will. Ultimately, transparency and communication with beneficiaries are crucial to ensure a fair process.
In state of tn can executor sell real property without the consent of all beneficiaries?
The answer is a frustrating one...it depends. In Tennessee, real property transfers immediately at death to the heirs-at-law or beneficiaries as named in a valid unrevoked will. In most cases, it is necessary to obtain the consent/signatures of all heirs or beneficiaries to the real estate under the will before it can be sold. However, it is possible to petition the court to bring that real property into the estate and thus under the control of the executor. It would wise to consult with an attorney in your county that regularly practices in the area of estates and probate in order to assist you with this matter.
Can an executor of an estate sell the personal property that does not belong to the estate?
No, an executor cannot sell personal property that does not belong to the estate. The executor's authority is limited to managing and distributing assets that are part of the estate according to the deceased's will or state law. Selling property that is not owned by the estate could lead to legal consequences and potential liability for the executor. It is essential to properly identify and verify the ownership of assets before any sale.
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.
Can a deed to the family home be transferred to the executrix who is also a beneficiary without the signatures of all the beneficiaries?
The beneficiaries do not have the ability to transfer property. The executor can deed the property to whomever it is being sold or distributed to. The executor can also transfer the deed to the estate while determining disposition.
What can beneficiaries do if executor assumes ownership of property and leaves out coexecutor and other beneficiaries?
The executor IS the owner of the property, for the purpose of probate.
Can the estate executor who is one of the beneficiaries decide to keep a property when the other beneficiary doesnt want to own it?
Sure, but the other person doesn't have to keep it and can sell their share either to the executor or to a third party.
Is a spouse of one of the beneficiaries of an estate permitted to remove tangible property from the home such as tools?
The spouse of a beneficiary has no rights to the estate. Removal of property without the executor's authorization could be prosecuted as theft.
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 sell estate property without obtaining approval from all beneficiaries?
No, an executor cannot sell estate property without obtaining approval from all beneficiaries.
Can a beneficiary use property as collateral if other beneficiaries don't agree?
The executor is the only one that can use it for collateral. It is a big risk, but some will be willing to loan money on probate.
Can a beneficiary rent out estate real property and keep the proceeds to himself at the expense of other beneficiaries?
If that beneficiary inherited the property by himself- yes. If that beneficiary inherited the property along with other beneficiaries- no. Remember that the estate must be probated if it includes real estate in order for legal title to pass to the beneficiaries.
Can the executor sell property without all beneficiaries approving in Virginia?
The executor of an estate always has the ability to sell property if allowed by the will. As long as the court agrees, the desires of the beneficiaries is secondary.
In North Carolina can someone besides the executor of the will put the land up for sell as long as they are a beneficiary?
Real property can only be sold by the executor of the estate. A beneficiary is not allowed to sell the property.
Can a beneficiary sell the estate?
A beneficiary does not have the right to sell the estate. Only the executor can sell property.
