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Can the executor sell a house that is in probate and willed to three people other than themselves even if three people do not want it sold?
Wiki User
∙ 16y ago
Yes. The executioner has sole power to dispose of the assets of the estate in the manner that is described in the will. If there is no such manner and the home is put up for sale, offers from those that own a portion of the proceeds can stop the sale by essentially "buying out" those who want the sale. Otherwise, the asset can be sold and the proceeds distributed in accordance with the split deescribed in the will.
Wiki User
∙ 16y ago
In general, the executor has the authority to sell a house in probate even if the beneficiaries do not want it sold. However, the executor must act in the best interest of the estate and follow any instructions in the will. If there is a disagreement among beneficiaries, they may need to seek legal counsel to resolve the matter.
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How do you get the money your parents willed to you?
First the will must be filed for probate and an executor must be appointed. After the payment of the debts of the estate the executor must make distribution of the remaining estate according to the provisions in the will and the state probate laws. The executor acts under the supervision of the court and must settle the estate with expediency.
If a house hasn't gone though probate is there a time period to retrieving a house that was willed to you?
The house MUST go through the probate process in order for title to pass to you. The will must be presented to the probate court for allowance and the court must appoint an executor. When the probate process has been completed you will be the owner of the property.
Can a executor remove property to a different state that was willed to other beneficiaries?
Absolutely not. That would be considered larceny. Any such act should be reported to the probate court immediately as well as to the police.Absolutely not. That would be considered larceny. Any such act should be reported to the probate court immediately as well as to the police.Absolutely not. That would be considered larceny. Any such act should be reported to the probate court immediately as well as to the police.Absolutely not. That would be considered larceny. Any such act should be reported to the probate court immediately as well as to the police.
How do you find out who was the executor of a deceased person's estate?
There are several local services that you can find at this list of Probate Registries: http://www.hmcourts-service.gov.uk/HMCSCourtFinder/CourtFinder.do?court_work_type_desc=probate or you could try searching the National Will Database: http://www.tnwdb.com but I think that's a commercial venture.
Does a Beneficiary have the right to enter a willed home?
Not until authorized to do so by the executor. The property belongs to the estate and the executor must protect the property.
Can the executor not sell a house that is in a living trust willed to three people other than themselves?
This question has so many mixed and conflicting terms, that it is difficult to even understand the question, much less provide an answer. This answer will assume the probable situation that creates this question. I assume that the "property" that has been "willed" to 3 people is part of a living trust created by the decedent during his lifetime. If the decedent transferred this property to a living trust, the executor has no power at all to sell it. This is because the executor has power over property belonging to the decedent. This property is owned by the living trust, therefore, beyond the authority of the executor. Once the decedent transferred the property to the trust, the trust became the legal owner just as if the decedent had transferred the property to another person. Since the decedent no longer owns the property, he has no more power to "will" that property to anyone than I have to will your property to someone. Unless the trust provides that upon his death the property goes into his own estate the executor is powerless to sell to anyone. But this would be extremely unlikely, because the purpose of the living trust is to keep that property out of the decedent's estate.
Can an executor keep money willed to another by hiding funds?
They can do so if they wish. But it would be a breach of their fiduciary duty and their duty to the court. It could result in criminal charges.
What happens to the car when someone passes away?
that depends on whether it is paid off or still has a loan/lean on it. if it is paid off, it must be willed to somebody, or it can be purchased from the estate. if it has a loan on it it can either be givin back to the lender, or the loan can be taken over by the executor of estate. if it is to be bought form the estate it must be sold by the executor of estate. if it is willed to a person and it is paid off you simply have to do the paperwork to make it legally yours. in any case, the best person to discuss this with is the executor of estate, or the deceased's lawyer. they can handle or guide you to your options. just an fyi, the executor is essentially somebody who has power of attorney. they are typically the widow, or somebody appointed in the will.
What rights to widows have for real estate that is willed to adult children?
It will depend greatly on the laws in the jurisdiction. In most cases they have the right to a third or more of the homestead. Check with a probate attorney in your jurisdiction.
What is the cost of placing a lien on property willed to you if trying to own it and can you go to the courthouse and place a personal lien on the property that is yours according to a will?
Not sure why you want to put a lien on the property. If you have been left the property, you shouldgo and get the deed. In order for the individual to leave you the property, they had to be named in the deed. In order for anyone to sell it after their death, they are going to have to get the probate court's permission. And the only person they will allow to sell it is the executor or the person it was left to. I would consult an attorney for the jurisdiction where the property is.
What if a house is willed to 2 people and not included in the estate do both have the same rights?
In order for something to be willed to someone, it has to be in the estate. Both individuals will have equal rights to the property as tenants in common.
Is there a waiting period after someone dies before you can get what was willed to you?
Yes. The Will goes into Probate. Probate makes sure that all personal/property taxes and all debts are paid for in full. What is left after that is "residue of the Estate" and that is divided up amongst the Heirs. This can take from 8 months to a year or a little more. Marcy * The average time for probate of an average estate is 18 months. there is no time frame for large estates where the deceased had multiple holdings and/or assets and/or debts and/or beneficiaries.
