Type your answer here... Can a beneficiary force executors to wind up an estate, or ask them to buy him out in respect of a property being involved
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.
It will depend on the terms of the will, which may include the executor's right to exercisediscretion when differences arise between the benficiaries.You need to consult the family lawyer who's handling the estate.
To give up property rights from a deceased wife, an attorney should be consulted, especially if the separation was not legal. The complications of claims to her estate should be clarified before any statements are put in writing.
The Third Estate
Executors do not get the money, it goes to the estate. The executors distribute the estate per the will or laws of intestacy.
No! The executor of a will is responsible to safe guard the assets of the estate. They are also entitled to compensation for their services. They must give a full accounting of the estate to the probate court before it can be closed out.
There are no clear numbers on the percentage of executors that charge the estate for their services. Estimates put this number at anywhere from 40 to 75 percent.
Yes. Sometimes the deceased leaves the bulk of their estate to an animal (like a favorite dog) which the surviving family regards as a joke.
The executor's duties end when the final account is allowed and the estate is thereby closed. The heirs could request the personal papers of the decedent at that time.
The deceased estate is responsible for repayment of debt, with secured debts taking priority. With the exeption of property which is ruled exempt to probate procedures, assets will not be distributed to named heirs until debts are satisfied.
There is no fixed rule. Every company is different, it could be of the gross estate, it could be of the net estate, it could be of the property value. It could be anything, consult the executors
No, in fact, you can have as many co-executors as needed. However, as you can imagine, the more co-executors you have, the more complicated administering the estate becomes. I always suggest that only one executor is named, followed by an alternate executor if the original executor cannot act, or has pre-deceased the testator.
The beneficiaries have no authority as to how an estate is to be handled. That is the duty of the executor or executrix who will be held personally and legally accountable to the court for all assets and property belonging to the deceased. Therefore the executor has a legal obligation to inventory ALL property and assets and to accurately enter them into the probate filing of the estate.
The co-executors should discuss the issue with the attorney who is handling the estate. If the dispute cannot be resolved the matter should be brought before the court for a ruling.
Gross.
Statutory share is the portion of a deceased person's estate that is guaranteed by state law to go to their surviving spouse or children, even if they are not mentioned in the will. This provision helps to protect the rights of the spouse and children to receive a fair share of the estate, preventing disinheritance in some circumstances.