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They may be able to contest the sale. However, the executor has the responsibility to settle all debts. The home may have to be sold to pay off the debtors.
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Who signs for the sale of a house to be split between the 3 heirs when one of the heirs is the executor only the executor or all 3 heirs?
The executor has the Letter of Authority to conduct the sale. No one else has to be involved.
Should the executor provide all estate business to all sibling heirs during probate in order for each to make informed decisions about the estate and sale of deceased parent's home?
No. An executor is the person who has been officially appointed to settle the estate. The executor does not answer to the heirs and they do not direct the actions taken by the executor. They do not need the permission or involvement of the heirs. Although the executor may, at their discretion, encourage the interested parties to express an opinion regarding the sale, the executor has the legal power and authority to make the final decision.
Can an Executor of a will collect money from the sale of the deceased's home in South Carolina?
Yes, that is one of the primary functions of the executor, to liquidate indivisible assets so that the proceeds from the estate can be distributed to the heirs.
Can a heir force an executor who is living probate house to take action on sale or to make payment of value of home to the heirs according to will while estate is in probate?
If the executor is acting in bad faith, certainly an heir could sue him for that.
What if the executor does not want to sell a house in the will?
There is no problem if the debts of the estate have been paid and the executor is the sole heir. However, if there are other heirs who want to sell the property and take their share of the proceeds the executor must buy out the interests of the other heirs. Otherwise, the heirs are entitled to a sale of the property and can file a petition for partition if the executor will not act.
How long does an executor have after a will has been probated to disperse the estate to the named heirs A home has to be sold also and money derived fro sale also divided in boise id?
It will depend on the complexity of the estate. There is no time limit on the execution of the estate.
Do all heirs have to agree to the sale of property when there is no will?
Yes, all heirs typically need to agree to the sale of property when there is no will. Each heir has a legal right to inherit a portion of the property, so their consent is usually required for any decision regarding the sale of the property. If an agreement cannot be reached, a court may need to be involved to determine the outcome.
Can executor take full fee on sale of home if it is the only thing in the estate and left to the 3 children?
Yes, the proceeds of the sale must be used to resolve the claims against the estate, including the cost of the executor.
Does the Executor answer to the Benificiaries?
An executor who is not benificiary, is he has apower to sale immovanle property?
What is the time frame an executor of a trust is expected to carry out his duties for example the sale of a home?
Most Executors want to get the property sold as soon as possible and it depends on the Heirs. They have a right to say whether one of them wants to buy the home or property, or if they want it sold or not. E.g. There are 3 Heirs and 2 out 3 agree that they want to sell the property. The property MUST be sold. You usually can have it sold within the year, but, if the house or property has some difficulties attached to it or is a (hard sell) it can lapse over a year. Marcy * There are not laws in the U.S. which designate how long a named executor has to liquidate exempted property after closure of probate.
Does executor have ruling over sale of house in an deceased estate?
Yes, the executor has the authority to manage and oversee the sale of a house in a deceased estate. The executor is responsible for handling the deceased person's assets, including the sale of property, according to the terms of the will or state laws if there is no will. The executor must act in the best interest of the estate and its beneficiaries.
Can a co-executor force the other co-executor to sell real estate?
Executors must be appointed by the court and then perform their duties under the supervision of the court. You need to appeal to the court for a ruling if the two of you have equal power and cannot agree. You must state all the pertinent facts in a motion and the reason the sale of the real estate would be in the best interest of the heirs. The court will issue an order that must be followed. On the other hand, if one of the heirs wants to keep the property they must buy out the interests of the other heirs.
