Probate

The only entity that can appoint an executor is the probate court. Your mother's will must be presented to the court for allowance if the will transferred her property to her living trust. The executor will be appointed at the same time. If your mother had transferred all her property to a living trust BEFORE her death you must have the trust document reviewed by an attorney. Your brother is not allowed to operate in secret. He should submit an inventory of all the property in the trust and an accounting of any property or funds he has distributed or spent. You can sue him in a court of equity if he refuses to be completely open about his activities as the trustee. A trustee has only the power explicitly given in the trust document. He does not own the property. He is holding it for the benefit of others. A trustee who is being secretive and unwilling to have his actions reviewed should be removed immediately and replaced with a more trustworthy trustee. A court can do that for you. You need to have your situation reviewed by an attorney who specializes in probate.

The executor can have them leave or ask them to pay rent. It is their responsibility to keep the estate intact.

The will cannot be changed. However, the court can appoint someone else as executor.

It would be risky to do so without having title to the land. If they are going to inherit the land and it doesn't have to be sold for debts, it could be done.

Since laws in different states are different, I would suggest you check with the executor or executrix of your parent's will. Failing that, you should check with a lawyer who is familiar with the inheritance laws in your state (and the state your parent lived in if different from yours).

Not unless that disposition was provided by the testator in the will. You can visit the court where the will was filed and ask for the case file. You can then check the will and review all the other documents in the file. If you have questions ask to speak with the attorney who is representing the estate.

yes he/she is allowed

No. In fact, you seem confused. An estate is not handled under a power of attorney. It will have an executor or administrator or some similar personal representative appointed by the court. Also, executors, administrators, etc. are not allowed to delegate their duties and obligations to others by a power of attorney. Courts generally favor appointing the surviving spouse as the fiduciary. If she declines then an adult child would be next in line, then siblings. Anyone can serve as an executor but the state laws define who can serve as an administrator in an intestate estate. If the person appointed by the court to handle an estate dies the court must appoint a successor.

The will doesn't pay you, the estate does. The estate is created to execute the will. First of all the value of the estate has to be determined. This can take several months. All the debts of the deceased have to be paid. Then, if there is anything left, the executor will follow the rules of the estate.

If you are not yet an adult, the money will go into a trust fund until you're 18. Sometimes the will will specifies a certain age.

Yes it certainly can be. Reasonable costs and payment are usually part of the laws in many states. Consult an attorney in your state for the specific amounts.

That is one of the responsibilities of the Executor. They need to propose a solution to the probate court. If the judge accepts it, the creditors will also have to accept it. The simplest way is to take the total dollars in the estate and divide it by the total debts owed. Then pay that much per dollar owed to each debtor.

You are combining two separate issues. Executors settle estates. An estate is comprised of all the property owned by the decedent at the time of their death. Trust property is not owned by the decedent and so is not part of the assets of an estate. Trustees manage trusts. You need to review the terms of the trust to determine what must be done with the trust property upon the death of the trustor.

You are combining two separate issues. Executors settle estates. An estate is comprised of all the property owned by the decedent at the time of their death. Trust property is not owned by the decedent and so is not part of the assets of an estate. Trustees manage trusts. You need to review the terms of the trust to determine what must be done with the trust property upon the death of the trustor.

You are combining two separate issues. Executors settle estates. An estate is comprised of all the property owned by the decedent at the time of their death. Trust property is not owned by the decedent and so is not part of the assets of an estate. Trustees manage trusts. You need to review the terms of the trust to determine what must be done with the trust property upon the death of the trustor.

You are combining two separate issues. Executors settle estates. An estate is comprised of all the property owned by the decedent at the time of their death. Trust property is not owned by the decedent and so is not part of the assets of an estate. Trustees manage trusts. You need to review the terms of the trust to determine what must be done with the trust property upon the death of the trustor.

First, the estate must be probated so that the title to the property passes to the heirs legally. You should consult with an attorney who is familiar with the laws in your state or jurisdiction. Perhaps the property could be sold from the estate.

Otherwise the parties who want to sell could petition the court for a partition of the property: a court ordered sale. When land is under co-ownership of two or more people who cannot agree on what to do with the land, any owner can file a Petition to Partition in the appropriate court.

The court has the power to divide the land if that is feasible such as when there are multiple tracts or a single large tract. If dividing the land is not feasible then the court can order a sale and the net proceeds are divided according to each owner's interest after the costs and expenses associated with the Partition have been deducted. You should consult with an attorney who specializes in real estate law.

Property owned as tenants-by-the-entirety cannot be partitioned.

The fee is set by state law.

Credit card companies are general creditors of the estate. They get paid after the funeral expenses, administration expenses, secured debts and other prioritized debts. They must be paid before beneficiaries get any money. That does not mean they have to be paid in full or that interest after date of death has to be paid. They may try to charge that interest but the executor or administrator should just refuse to pay it and tell the company "Sue me". They won't. You can also negotiate the debt down from the actual date of death amount. In fact this should always be tried. Those debts are almost always negotiable. If you tell them they can either have, say 70% now as payment in full, or file the usual formal claim paperwork (they hate that) and wait for the usual six month period before their claims are even considered(they hate that worse) they will compromise. A credit card company facing the possiblillty of preparing formal paperwork, then waiting about 6 months before the executor even thinks about it, only to have the executor dispute the claim and tell the company to sue the estate will usually settle. Also demand a detailed history of the account. Many credit card companies are happy to get a reasonable amount back and be done with it. That's because they can take the amount they did not get as a tax write-off. Also, if the do sue, their lawyers will take part of it anyway. None of this is improper. This is just making the company abide by standard state laws governing claims against an estate but offering them a way to avod all that fuss.

Not necessarily Inherited money is not taxable, so the issue is not that it has already been taxed. The IRS does not consider it taxable income. On the other hand, any interest earned on the inherited money during administration IS taxable. That money is considered income and the estate must pay the income tax on it or the estate distributes that interest to the beneficiaries prior to the close of the estate and the beneficiaries have to declare that as income.

The cost structure associated with an inheritance advance depends on a number of factors. These factors include the nature of assets in the estate (cash vs. stocks/bonds vs. real estate), expected time to distribution etc. The riskier and larger the inheritance cash advance, the more expensive it becomes.

For example, if the estate is expected to pay out very quickly (say 6 months or less), or is comprised of only cash assets (bank accounts etc.), the price will be relatively low. On the other hand, if the estate is comprised of unsold real estate or the decedent passed intestate (without a will), and it looks like it will take up to 2 years to distribute, the cost will be higher. In other words, the level of risk to the company determines the overall cost of the advance. An inheritance advance is not a loan, your credit is never an issue, there are no monthly payments. If the inheritance fails to materialize or is siezed by any government agency (for taxes or child support), inheritance advance companies build the risk into the pricing and will not seek repayment from you.

You are dealing with a cash advance business that charges a fee for this service. Generally, those businesses charge an up-front fee of 10 to 40% of the cash advance. The beneficiary agrees to assign a portion of their inheritance to the funding source. Cash advances on an inheritance in Probate are in the same category as funding sources that buy out structured settlements for immediate cash. Those businesses charge a fee to advance you money when you need it quickly. It's okay as long as the party entering the agreement is fully informed and fully understands the process.

There is no Dehlia Draycott House, that was just made up for the Nancy Drew movie, to give it some supsence!

The Georgia Probate Court Division. See the link provided below.

It is allowed in many states. Others have a specific upper limit, or base it entirely on a percentage of the estate. And the court has to determine that the charges are reasonable.

The executor is required to provide a full accounting. The court can request one on a regular basis.

Yes, you certainly may. However, make sure the wording is correct, the estate might be unable to distribute funds as long as there are living children capable of having more grandchildren.

In New Jersey, 1% of the estate is added to the usual percentages for one executor for each additional executor. They split the total commission equally unless there is an agreement among them to split it in some other proportion. In an estate of about $100,000, the usual commission is 5% for one executor. If there are two executors, the commission would be 6%, with each entitled to 3% unless they agree to a different split. This answer is for informational purposes only and not to be taken as legal advice.