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.
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.
The spouse of a beneficiary has no rights to the estate. Removal of property without the executor's authorization could be prosecuted as theft.
Items removed from an estate before it has been settled can complicate the probate process. Generally, these items may still be considered part of the estate's assets, and their removal can lead to disputes among heirs or beneficiaries. If the items were taken without the consent of the executor or the court, the individual who removed them may be required to return them or compensate the estate for their value. It’s advisable for all parties involved to seek legal guidance to navigate these situations properly.
It will depend on the terms of the will, which may include the executor's right to exercisediscretion when differences arise between the benficiaries.You need to consult the family lawyer who's handling the estate.
In Texas, they must act jointly.
No, an executor cannot sell estate property without obtaining approval from all beneficiaries.
An executor must be appointed by the court. An executor can sell the property of the decedent, after the debts have been paid, if that power was granted in the will or if the court has issued a license to sell.
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.
The beneficiaries don't get to make the determination. As long as the court is satisfied, the executor can do so.
The exector's responsibility to the estate, not the beneficiaries. They are accountable to the court for executing the will and the laws.
Yes, the only approval necessary is the court's.
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.
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.
You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.
The executor is responsible for executing the will. The approval of the beneficiaries is not a requirement.
It depends on the specific laws and regulations of the region where the estate is being settled. In some cases, executor fees can be included in the settlement statement without prior approval of beneficiaries if the terms were agreed upon in the will or approved by the court. It is generally advisable for the executor to communicate and obtain consent from beneficiaries to avoid potential disputes.
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.