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If an executor is named in a Virginia will but it has no provisions for property disposal how is the property distributed?
Cardiac1939
The debts and assets of the estate will be handled in accordance with state probate laws.
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∙ 8y ago
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Has the executor written the will?
A valid will is one that has been properly executed by the testator, the owner of the property distributed by the will. The executor is appointed by the court to carry out the provisions set forth in the will.
Can an executor transfer the decedent's property into their own name under a executor deed?
You haven't included enough detail. Self dealing by a fiduciary is against the law.The executor must be appointed by the court and then must follow the provisions in the will and state probate laws. The provisions in the will should include what to do with the real estate. In order for an executor to transfer title to real estate they must have that authority granted in the will. If the authority was not granted by the testator the executor must apply for a license to sell the real estate and before it grants the license to sell the court will examine the proposed transfer.
Who is the person to carry out the provisions of the will?
The executor.
Can an executor remove an heir in Pennsylvania?
No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.
Who is the person designated to carry out provisions of a will?
The executor.
Can an executrix of an estate legally not distribute stock due to beneficiaries?
The executor must follow the provisions in the will. If the stock is not mentioned in the will then it must be distributed to the heirs at law according to the laws of intestacy. An executor who is abusing her office should be reported to the court, removed and replaced.
Are Letters Testamentary the same as a Grant of Probate?
Yes. Both give the executor the legal authority to settle the estate according to the provisions in the will.Yes. Both give the executor the legal authority to settle the estate according to the provisions in the will.Yes. Both give the executor the legal authority to settle the estate according to the provisions in the will.Yes. Both give the executor the legal authority to settle the estate according to the provisions in the will.
How can you be the executor if there is no will?
Apply to the probate court. They will appoint an executor and the estate will be distributed according to law.
Are you an executor to a will forever?
No, once the will has been executed and the assets distributed the task of the executor is finished
As executor of an estate do you have the right not to give money to an heir if you feel she was using the deceased just to become an heir?
An executor must follow the provisions in the will and for any property not distributed by the will must distribute it as intestate property according to the laws of intestacy. An executor does not have discretionary power of distribution unless that power was specifically granted in the will. An executor is personally liable for any acts that go against the will or violate the law.
What happens to the estate in Va. if there is no will?
The estate still exists and will be distributed per the intestacy laws of Virginia. The executor will file with the probate court and follow the courts direction.
What happens if the family of a deceased person object to the executor of the will?
I am not an attorney. You could mean that family don't like the person chosen to be the executor, or that family object to something the executor is doing. Not liking the person is petty, and not worth getting upset about. The executor was chosen by the deceased, and if the will is in order and if the executor is doing everything properly, then you just suck it up until the assets are distributed. If the executor is not following the exact specifications in the will, then there is a problem. Family should be able to obtain a copy of the will, and if the executor is misbehaving then probate court has to come into the picture. Even when there is a will, the process is handled by probate court, although the process is much more streamlined when there isa will. But the provisions of the will have to be determined to be legal by probate court, and no executor can simply do what he pleases without regard to the provisions of the will. It sounds like probate court may be able to help you.
