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In Connecticut can an executor sell real estate to a third party when the sole heir of the real estate has requested to either re-mortgage it or buy it?
In Connecticut, title to real estate passes to the devisees or heirs upon the death of the owner. However, there may be circumstances where the executor is given power to sell the real estate by the testator. Also there are circumstances when the real estate may be sold by the executor, for example, if there are debts to pay. Speaking generally since you did not provide much detail, if it was NOT sold to pay debts of the estate you had the right to keep it and pay for it yourself if it was mortgaged. Especially if you are the sole heir.
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Where is it possible to get a fixed rate remortgage?
Anyone should be able to get a fixed rate remortgage from either their current mortgage company, or a mortgage company that specializes in these types of mortgages. Some banks offer fixed rate remortgages as well.
Who becomes the executor of an estate if no one accepts being executor and no relatives?
The court will appoint an executor either an attorney or a bank. The cost will come out of the estate.
Who pays the executor of the estate?
The estate pays the executor. The fee is either approved by the court or proscribed by law.
How do you get appointed executor?
either by the deceased in the will or by the probate judge
What is the smallest state in North America?
Either Rhode Island or Connecticut
If your parent dies and has a vehicle how do you put it in your name?
The estate Executor and/or the court will either assign the title or sell the vehicle. If it is part of your bequest the executor will do this with you.
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 does with will or will annexed mean when talking about an estate case summary?
"Will annexed" and "with will" refer to situations where a deceased person has left a valid will but without specifically appointing an executor. In such cases, the court appoints an executor to manage the estate.
Is it executor under the Will or Executor of the Estate?
Not all wills name an executor. If an executor is named in the will they must submit the will to probate for allowance and petition for appointment as the executor. In that case they will be both the executor under the will and the executor of the estate once appointed.In some cases, the named executor has died. In that case the court must appoint another person to act as executor. In some cases the executor named in the will declines the appointment. In that case the court will appoint an alternate. Either of these executors can be referred to as executors under the will and they are both executors of the estate. It may simply be a matter of style.Some may acknowledge a distinction that a person who is executor under the will has not been officially appointed by the court and the executor of the estate has been appointed by the court and Letters Testamentary have been issued making the appointment official.
Can the executor of a will be changed after death?
Yes. An executor has no legal authority until the will has been filed with the probate court and the executor has been appointed by that court. If the person named as executor in the will is deceased or chooses not to act as executor, they can file a declination or the petitioner can note in the petition the named executor is deceased. In either case, some other person can petition for appointment as executor.
Can you change the executor of the deceased person and how?
The executor can be changed only under certain circumstances.If you have an objection to the appointment of the named executor you must file your objection when the will is submitted for probate and explain why you think the executor should not be appointed. The court will consider the objection and issue a decision either allowing the appointment or requiring that another person be appointed.If the named executor does not want to serve they can file a declination with the court and someone else can petition to be appointed.
Can the estate executor who is one of the beneficiaries decide to keep a property when the other beneficiary doesnt want to own it?
Sure, but the other person doesn't have to keep it and can sell their share either to the executor or to a third party.
