Estates

Yes, the executor has the duty to carry out the instructions of the will regardless of what any potential beneficiaries may want. There may be situations in which the executor must sell certain property in the best interests of the estate.

Of course, any questionable actions of an executor can be challenged in court.

No, there is no limit to settle an estate. It can take many years for a complex estate.

Absolutely yes, if you didn't make certain they were paid by the former owner before you paid for the property and took title.

The executor does not have to be a beneficiary. The court can appoint any responsible person to serve in that capacity.

Of course not. No one is an executor until they have been appointed by the probate court. No one is appointed by the probate court until the testator has died. Any person who gives away the property of another person should be reported to the police and prosecuted.

I hope you understand that there is no such thing as an executor of an estate of a living person.

If a person builds a home on land that they don't own, the home will become the property of the person who owns the land.

It's both reasonable and customary for executors to receive some compensation for their services, particularly if they're not close family or friends of the deceased. Normally they wouldn't bill the beneficiary, they'd simply deduct their fees and expenses from the proceeds of the estate.

Executor's fees are set by statute in most jurisdictions.

By Canadian Law generally the majority of heirs that agree over-rides the others as far as the selling of any property, but, the others who do not want to sell can seek legal counsel and you have a face-off in court. This can take many years to settle so normally most people come to an amicable agreement rather than wait for any monies due them. * In the US the owners wishing to sell the property would need to file suit against the reluctant owner to have the property partitioned so that each person would be allocated their share and would then be able to sell it. In some states the court can order a forced sale of the property regardless of whether all owners are agreeable or not.

Once an estate is filed for probate it becomes a public record. You can go to the court where the estate was filed and ask to see the file at any time during the probate process or after it has been completed.

The "Rights" of a beneficiary are normally outlined by the will in place, taken in conjunction with state laws. If there is no Will, then state law prevails as to the rights of the estates inheritors.

That type of power of attorney is also called a Child Medical Care Authorization Form.

Depending on the process, most places require that to happen prior to appointing an executor. If the beneficiaries are not happy with the choice of executor, they can request the court appoint a neutral party. That can cost the estate a lot of money.

If life insurance is payable to a beneficiary other than "the estate of ...[the decedent]", proceeds are payable directly to the named beneficiary and do not normally become part of the estate. However, if the designation of beneficiary of the life insurance policy is the estate of the decedent, proceeds do usually become part of the estate.

Writing as an evangelical Christian and follower of Jesus myself, I answer this question based on biblical interpretation. There is a large forward looking sense in the beatitudes blessings. For example, the "pure in heart" will "see God". Christians will not literally "see God" until the end of time in the new reality at the end of time. (Revelation 22:3-4 "...there will no longer be any curse, and the throne of God and of the Lamb will be in it, ...and they will see His face....) As like "seeing God" ... the meek (humble, dutiful, obedient, teachable) may not inherit the earth, until after the curse is removed. The curse of the land, See (Gen 3:17..."cursed is the ground because of you... in toil you will eat of it..." The curse if removed in the end of time as we know it. That is: biblically speaking after the 1000 year reign of Jesus, and after the final rebellion of Satan and after the final judgement. At that time a "new heaven and new earth" are created by God. Jesus followers ihnerit the new earth. Jesus who spoke to his followers present, in Galilee in this sermon, that "the meek will inherit the earth" also said later to John, one of his followers present, in a vision where an inheritance of the earth is mentioned. John is speaking in Revelation 21:1 "Then I saw a new heaven and a new earth… the first earth had passed away, and there was no longer any sea…" Revelation 21:7 …. He who overcomes will inherit these things, and I will be his God, and he will be my son…" So, in the new earth that God creates at the end of time, Jesus followers will "inherit" the new earth. By: ralph_fry@yahoo.com

This can become complicated and should be handled by professionals. Someone will need to start the probate of the father's estate immediately, so that debts can be paid (including taxes), and father's remaining assets collected for distribution according to intestacy laws of the local jurisdiction. The grandmother's estate will need to be settled within a short time, to determine if the father's estate has anything coming, not to mention dealing with anyone else who has a statutory claim to part of that estate.

If they left any property in their own names the estates must be probated in order for title to property such as bank accounts to be changed. An estate of real property must be probated in order for title to pass to the heirs legally.

Yes. Generally that occurs when the decedent owned real property. Title to real property cannot pass to the heirs until the estate has been probated.

In the case of personal property, only such property that remains can be distributed through a probate procedure. If the decedent owned such property as bank accounts or other valuable personal property, an interested party can petition the probate court to be appointed the personal representative of the estate whether the decedent died with or without a Will. The personal representative will obtain the authority to distribute any property according to state laws of intestacy or according to the Will if the decedent died testate.

You should calculate one point four percent of the value of the estate that is to be executed to pay the fees of the estate executioner where the estate is calculated after your demise and ammounts to whatever the estate is worth at the time of your death and not decided upon before you die and the executor will then be paid one point four percent of that ammount Fees for an estate administrator will vary according to the particular state's laws. Since I don't know which state this is in, I cannot accurately answer it. However, in New Jersey executors and administrators receive the following percentages based on the value of the gross estate: 5% of the first $200,000. 3.5% on the excess over $200,000 up to $1,000.000. 2% on the excess over $1,000,000. In addition to this, they are entitled to 6% of the gross income that is earned by estate while it is being administered. And of course they are entitled to be reimbursed for legitimate expenses, including legal fees. Other states will probably have different formulas. This is for informational purposes only and not intended to be given as legal advice.

Notarized Signatures are merely a signature that has been signed in front of a Notary Public.

The Notary then signs beneath and stamps the document with a Notary Seal, which informs everyone the signature has been 'validated' as being the actual signature of the individual(s) who are signing the document.

They appear something like this:

Before me, a notary public in and for the said County and State, personally appeared the above named (Signer's Name) who acknowledged that he/she did sign the foregoing instrument and that the same is his/her free and voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this _____ day of ________, 200____. ___________________________________ Notary Public My commission expires _______________________ {NOTARY SEAL}

If you need your signature notarized keep in mind that most Notary Public usually charge a small fee for notarizing documents. Most banking institutions will also have a Notary that can notarize signatures on documents. Some banks will offer this service to it's customers for free. You shouldn't have to spend more than a few bucks to get something notarized.

Laws vary from state to state regarding the responsibilities of a life tenant. Generally, the life tenant has the responsibility for paying taxes, insurance, utilities, general maintenance and upkeep and other expenses. However, This is a sticky situation because if the life tenant does not pay property taxes the town can take the property for delinquent taxes. If the property isn't properly insured, there could be a loss in case of a fire or severe storm. Therefore the fee owner should always be actively involved in protecting their property.