Wills

The executor has no legal right to live there rent-free, but this will depend on the probate laws of the state of probate. It is a tricky practical question because there are benefits and detriments to having the executor live in the house rent free.

Begin with the idea that an executor entitled to complete possession of all estate property during administration but is not allowed to use estate property for personal gain Also, executors must use assets of the estate to reasonably maximize income prior to distribution. Taking those at face value the answer is that the executor has no right to live there rent-free. Living rent-free is using estate assets for personal gain and not earning income. Theoretically it could be rented short term to someone other than the executor and the house would earn income. But renting houses on a short term basis is not recommended and usually not done because tenants may refuse to leave and have to be evicted through the courts. Or they may damage the house.

In the real world though it sometimes happens because there are benefits to having someone in the house rather than leaving it vacant. A vacant house costs more to insure than a house with a resident, so the estate saves on insurance. Another benefit is prevention of possible damage in case a fire starts or pipes freeze or vandalism occurs or contents are stolen or even if squatters break in. A person living there would be able to prevent serious damage.

The problem with those benefits is that aside from the extra cost of insurance, they cannot be quantified to see if they are worth more than not renting the place out. For this reason, it is generally held that an executor has no inherent right to live in the estate house rent-free. But the alternative is to pay higher insurance rates and perhaps pay to board up the house. Either way the estate will incur some expense to preserve the house. For this reason, everyone usually gets together and agrees on some compromise.

The executor might be the spouse of the deceased, and the property might be the house in which the executor lived prior to death - back to the question of practicalities

I saw there is a Tums for Kids ages 2-11.

They will do it according to the law. Each state or jurisdiction has a law that specifies how it is distributed.

Executor's fees are addressed under the probate laws in each particular jurisdiction. You need to check the laws in yours.

Executor's fees are addressed under the probate laws in each particular jurisdiction. You need to check the laws in yours.

Executor's fees are addressed under the probate laws in each particular jurisdiction. You need to check the laws in yours.

Executor's fees are addressed under the probate laws in each particular jurisdiction. You need to check the laws in yours.

You can usually get the forms from the court house or perhaps online. It would be a request to be appointed executor and a letter of authority. If they are properly filled out, the court will sign the letter of authority.

No. A codicil is an "amendment" to a Will. As such, it must be signed by the testator (maker of the Will) with the same formality as the Will was signed.

An executor does not assume his/her/its power until the death of the testator; until then, the executor has no power. After death, the Will cannot be changed.

A trustee may be appointed in a Will to act in some administrative capacity with respect to the property of a testator. Alternatively, a trustee may be appointed by a trust document executed by another person during that person's life. If so done, the trustee is charged with carrying out the terms of the trust, and has no greater powers than granted by the trust.

If your grandmother is still living, you can't. If she is deceased, the executor of the will is required to notify you if you are in the will. If there is no will, and your parents are deceased, then you should contact the probate court and/or executor.

Depends how the account was set up (Joint Tentancy with Survivorship Rights, Grantors Trust, under the UGMA, etc.) The generic answer is no, it would not be treated as income. The money in the account would be included in the decedants estate and be distributed through either Trust or Probate as a qualifying gift.

Answer

You find a lawyer to do it for you. Find a Probate lawyer, call or message him if through a website. Many of them will give you a free consultation and you can decide what to do from that point. There are plenty of situations where executors have no business being executors of an estate so find yourself a lawyer and do whatever you need to do if things are not right. If you cannot afford a lawyer, contact the bar association in your state. Many states have organizations, legal aid, to assist people who cannot afford an attorney. If you cannot locate one of the organizations, your local library should be able to assist you in finding a legal aid service in your area.

Intestate. A person who dies without having made a will is said to be intestate. In that case the probate court will appoint an Administrator (when a petition for Administration is filed) and the estate will be distributed according to the state laws of intestacy, which can vary from state to state.

You can file an objection to the appointment of the executor during the period reserved for such objections in your jurisdictions. If you think the court appointed executor is not performing their duties properly you can file a motion with the court to have the matter reviewed.

No they can't. However, if the beneficiary is being unreasonable, then the Executor has the right to ask the beneficiary to deal with him through their lawyer. Answer An executor can deny a beneficiary access to property in an estate. Once again though, you must check the laws of the jurisdiction which govern that estate. Most states have laws that say that an executor is entitled to possession and control of all estate assets during administration. Many also provide that if an executor demands that a beneficiary give back an asset that the beneficiary has taken, the beneficiary must give it back. This is necessary for the orderly administration of every estate. You can imagine the chaos that would ensue if every beneficiary had full access to everything in the estate while administration of the estate is going on. Don't forget that the other parts of settling an estate may involve the sale of some items in order to pay debts owed by the deceased. It is often more easily and efficiently done if you let the executor--named by the deceased--complete the job.

It is not a wise decision to put your name on your mother's property due to tax reasons. However, it can be done, when a name is added to the deed of the property, it needs to go through the bank who holds the mortgage and the court.

If you know the court or office where the will was admitted to probate, you can find out there. The judgment or order admitting the will to probate and appointing the executor will be matters of public record.

Probating a will is a process to close an estate. It is not subject to a statute of limitations.

If the parent dies with a will, the estate must clear probate, first, which could take time and money. After the Probate is cleared then a Quit Claim Deed from the personal representative of the estate to the rightful benificary of the will. can be filed in the County Clerks office, the house is then transferred. However, the benificary will be responsible for the increased value of the home. If the parent died with a Revocable Livng Trust and the house was properly titled in the trust's name , the the successor trustee would transfer the house via a Quit Claim Deed. This is of minimum costs (the preperation of the deed and the County recorder's filing fee.) And with the Trust there is no monies for the benificaries to pay for the property value increase.

There is no executor if there is no Will. The estate must be probated and the court must appoint an estate representative. That representative will have the power to request a license to sell the property. The representative should ask the attorney who is handling the estate how to handle the sibling who made their home with the deceased parent. The sibling has property rights and rights as a tenant.

The executor can certainly protect the estate from unauthorized access. Changing the locks is one way of insuring that family members don't spirit out things, cause ill feelings and make it difficult.

AFTER a will has been probated it becomes a public document and you should be able to view it at the Clerk of the Court's Office. Prior to the individual's death and before it is probated a will is a private document which does not have to be shown to anyone.

No, not unless there is a POA or court order allowing him to do so. The executor has been appointed by the court and has letters of authorization for the handling of the estate's assets. In most cases, the executor will have to obtain court approval for sale of real property. To do so they will have to show the evaluation of the property and the sale price and show that it is a good deal for the estate. Once they have the court order, they are authorized to sign the appropriate transaction documents.

The answer depends on whether your name was on the deed when your husband granted the mortgage. If it was not, the lender can take possession of the property by foreclosure if the mortgage isn't paid. You need to consult with an attorney who specializes in probate who can review the title to the property and explain you rights and options.

The executor is not personally liable. They are required to use the estate funds to resolve bills.

Yes, they can ask them to move out. The property belongs to the estate. The executor can sell the property or transfer its ownership as directed by the will or the court.

No. When a Georgia notary leaves the boundaries of the State of Georgia, his jursidiction ends and he can not act officially. Likewise, Florida notaries can not perform notarial acts outside Florida.