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Can a executor of an estate sell or give away items if the person is still alive and of sound mind?
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.
Absolutely not. And please note that no one is an executor until they have been appointed by a court. Generally, the will must be presented to the court for allowance. The court reviews the will to make certain it is technically valid. Once the will is allowed the court appoints the executor. The executor is bound by law to follow the provisions in the will made by the testator who owned the property.
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Can the executor of an estate remove items without asking the other beneficiares in the state of Indiana?
The executor has a responsibility to preserve the estate. They can remove items for appraisal and sale, but the assets still remain a part of the estate until properly distributed.
Can an executor sell property not belonging to an estate?
That is the job of the executor. The sale of assets is one of the jobs.
Can an executor of an estate deny an heir of an item clearly marked by the decedent for that person?
It is possible to do so. If the estate does not have enough assets to pay off the debts, these items must be sold to resolve the debts.
What is a schedule of assets for probate?
It is a listing of all items in the estate. One of the primary duties of the executor is to inventory the estate. They also have to have the estate valued.
Can an executor remove items from the estate?
Not for personal use, but in order to distribute and evaluate assets, yes.
What can heirs of an estate do if the executors refuse to have items appraised as stated in the will?
Return to the court that appointed the executor and petition to have the executor removed and a new one appointed.
Does power of attorney also takes care of estate on items to be sold?
The power of attorney ends with the death of the grantor. The executor handles the estate.
What can be done if the executor puts things on the appraisement form in-order to increase the total estate knowing he can't distribute them?
If it is a part of the estate, it needs to be on the inventory and valued for tax purposes. The executor can sell all the items in the estate if necessary to resolve debts.
Do you need an executor if you have no estate?
In the Uk, it is not necessary to write a will or appoint executors if there is no estate unless you particularly want your personal items distributed in a certain manner.
Transfer real estate property by will?
The transfer is done by the executor of the estate once the estate is settled. The will indicates who gets the rights in the property, but they are still subject to mortgage and liens and other items.
Can executor of a trust write checks to pay bills?
The executor is responsible for settling the estate. That will include writing checks to pay bills. In most cases they will create an estate account to handle these items and be able to provide a complete accounting to the court.
How do you register car with no title or will when previous owner is dead?
You can not register a car that you do not own. The car is owned by the estate of the deceased individual. The estate gets the title and then you buy it from the estate. Some legal process must occur to distribute the estate of a person who has died. Usually, someone is legally named the executor of the estate and had authority to settle the estate in a manner consistent with a will, if one exists. If no will, exists, the executor still has the power to sell or give away the items owned by the deceased. Technically, it is the estate which owns the car, with or without a title. If you want to become the onwer of the car you must have it transferred by the estate. It is the estate (and the executor is the agent for the estate) who must acquire title to the car. With appropriate documentation, such as a certificate of death and legal documentation identifying the executor, the executor can request a new title from the State Bureau of Motor Vehicles. That title may be in the name of the deceased or in the name of the estate. The estate owns the car. Only after the estate has the title can the estate sell or gift the car to someone.
