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If an executor does not distribute the assets can those included in the will force the executor to do so?
Wiki User
∙ 15y ago
First, remember that the executor must be appointed by the court. A person named in a will is not the executor until the will has been reviewed by the court and the court has appointed the executor. If an executor is not carrying out their duties the heirs should complain to the court immediately and ask that the executor be replaced.
Wiki User
∙ 15y ago
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Can the inheritors force the executor to sell assets?
No, they cannot force the executor to sell assets. The executor is responsible for closing out the estate and settling debts. Then the distribute the assets.
Can an executor force a beneficary to release monies left to them?
The monies are not the property of the beneficiary until the executor has released them. Any assets of the deceased have to be provided to the executor for inventory and valuation. Only once the debts have been settled can things be released.
What if you don't want to be a co executor?
Yes. No one can force you to be executor, even if they name you as executor in their will. In the event the person named as executor declines, the probate court can appoint a new executor instead.
Can you hire an attorney to challenge an Executor's decision regarding the estate?
In the United States you can if the executor is not performing the functions of an executor properly. An executor can be sued to either remove him as executor, to surcharge him for losses he may have caused to the estate or to force him to do what he is supposed to, like transferring assets. If an executor causes monetary losses to the estate, he can be sued to make him reimburse the estate for the losses either from his own pocket or from his statutory commissions. All states in the US have statutes that govern the duties of executors and spell out the remedies beneficiaries and third parties have.
What recourse do the beneficiaries have if the executor does not distribute the funds?
The answer depends on the laws of the state where the probate took place; however, every state has laws for beneficiaries to force distributions after giving executors some reasonable time administer the estate. After all, before executors can distribute to beneficiaries, all funeral, administration expenses, estate and inheritance taxes (if any) and legitimate debts of the decedent are paid in full. This takes time. As an example of remedies available to beneficiaries in this situation, New Jersey law provides that if a beneficiary is given a specific dollar amount in the will, that amount has to be paid within one year of probate or it will carry an additional 4% interest for the beneficiary. Also, if the beneficiary chooses, he/she can bring an action in probate court on an order to show cause to force the payment. If the beneficiary is entitled to all or a percentage of the net estate available for distribution, the beneficiary can file an action in probate court on an order to show cause to compel the executor to file an accounting and compel distribution. If you have to go to court this way, you probably can do it yourself, however it is better to get a lawyer, who may be able to force payment with a well worded letter, rather than going to court. If the money is given to a trust for your benefit until you reach a certain age and you have not yet attained that age, then the executor will not and cannot distribute anything to you individually. It must go to the trust. If you are a minor, the executor will not and most likely cannot distribute the inheritance to you directly since you are not an adult. The executor will have to distribute the inheritance to a duly appointed guardian, unless that state's laws permit some other distribution. In New Jersey, an executor cannot distribute monies in excess of $5000 even to a parent unless that parent becomes a legally appointed guardian in the probate court where the minor resides, not where the probate took place.
Are we allowed to ask executor of an estate question?
No one can prevent you from asking! The executor may decline to answer the question. And there is seldom a way to force them to answer it if the court agrees with them.
How many domains are included are included in the air force?
12
If you have assets in your home can you be force to sell it if you file bankruptcy?
If the value of the assets greatly exceed the allowable exemptions, then yes they can be seized.
If a car belonging to an estate not yet settled is given to a non family menber how do you get it back?
If an executor acted in bad faith then you can take the executor to court to force them to repay the value of the car to the estate.
How do you force the sale of real estate property inherited in North Carolina?
That's the decision of the executor of the estate.
Can you file chapter 7 with money in a savings account?
Chapter 7 is total liquidation, so basically you present the court a total financial picture of yourself, assets and debts. The court will distribute what it can of your assets to your creditors. In my case, I had no assets but the court took my 2700 tax refund and distributed it. So my answer is yes, they would force you to hand over the funds to the trustee.
Can you force someone out of the position of executer on a will?
You yourself cannot force anybody out of the position of executor you would have to have it done through the courts. The best thing to do is to talk to a lawyer
