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Usually there is a bank account set up by the Executor for the Estate of the deceased. Into this account all other bank accounts and savings can be added by the Executor as well as any death benefits payable, Tax credits or returns, etc., and proceeds of sale of the deceased person's house (if applicable). Once all expenses are paid out from the monies, IE cost of funeral, lawyer fees, Executor fees, loans, lines of credit, etc., the monies can be divided amongst the beneficiaries according to the provisions of the Last Will and Testament. This can be done by way of certified cheque, bank draft, money order, or cheque from the Estate account, etc., however the Executor deems appropriate. The beneficiaries are sometimes asked to sign releases after they've received their bequests and after all the monies are paid out, the duties of the Executor are complete.
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Can the executor of a will receive the sale oroceeds from a residuary estate before the distribution of the estate's assets?
Yes. It is the executor who makes the distribution and then closes the estate according to the provisions of state law. Therefore the proceeds must be taken into the estate.Yes. It is the executor who makes the distribution and then closes the estate according to the provisions of state law. Therefore the proceeds must be taken into the estate.Yes. It is the executor who makes the distribution and then closes the estate according to the provisions of state law. Therefore the proceeds must be taken into the estate.Yes. It is the executor who makes the distribution and then closes the estate according to the provisions of state law. Therefore the proceeds must be taken into the estate.
As sole executor of will can you be forced to sell house by the other beneficiaries?
As an executor, you have a duty to sell the house and distribute the proceeds. If you want to buy the house from the estate, you can make that arrangement.
How long does an executor have to administer a will in NC?
As long as it takes. Not trying to be flippant, but each estate is different and there is no legal limit. The executor has to make regular reports to the court to demonstrate movement.
What should you do if the named executor who is also the main beneficiary is not acting in the best interest of the other heirs?
Either renounce or administer the estate or pay a professional to deal with the matter and the fees would be met from the estate. It is up to the executor to decide. If the exector decides to administer the estate, he or she can be paid a fee (amount varies by state and county). The executor is not a beneficiary and the beneficiary is not the executor. The beneficiaries really have no say as to what the executor should do (i.e., adminster estate, hire attorney to represent estate, or renounce). The executor has a sworn duty to administer the estate in accordance with the deceased's will and the laws of the state and county of probate.
Does the executor of an estate receive payment for carrying out duties to distribute proceeds of an estate in Ontario Canada?
The executor is entitled to compensation for their time and effort. The court will approve the payment at the going rate.
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 brother contest his sister for selling their parent's house and not sharing the profits with him?
That depends on lots of factors. If she is the executor of the estate , and the house is not explicitly addressed in a will, she can sell it and distribute the proceeds according to the will. You can always contest the actions of the executor. If she was left the house by terms of a will, you are not entitled to any of the proceeds. If you and she were left the house together, then you are entitled to a portion of the proceeds, and to a say in whether or not the house is sold in the first place.
Does the executor of will have the right to give out life ins payout?
Possibly. First, if the policy states that the proceeds go to a specific named beneficiary, then the executor has no authority at all over it. In fact the executor has no right to even collect it for that beneficiary. Second, if the policy is payable to the estate, then the proceeds are to be distributed according to the terms of the will, not his own choices. Sometimes insurance is payable to an estate if the decedent names his estate as the beneficiary (highly unlikely) or if the named beneficiaries hav predeceased and there is no one left to receive the proceeds (it does happen but rarely).
Can a temporary executor sell belongings and or home of deceased when estate had no will?
Certainly, that is the duty of the executor, to settle the estate, which includes liquidating assets to cover debts and distribute the proceeds in accordance with state law.
Can the executor get the amount of the life insurance policy?
NO.. unless the policy does not have nomination. Only nominee will get the proceeds of life insurance policy.
When does the executor distribute funds from a probated will?
The executor of a probated will should distribute the proceeds of the will after it is settled in probate court. Some states have laws in place that state a certain time limit for the funds to be issued to heirs.
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.
