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The debts and assets of the estate will be handled in accordance with state probate laws.

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โˆ™ 2015-07-16 18:24:35
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Q: If an executor is named in a Virginia will but it has no provisions for property disposal how is the property distributed?
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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 a executor take the name on the property deed and put it solely in her name?

An executor must submit the Will to the probate court. Once appointed as executor by the court the executor must follow the provisions in the will. The debts of the estate must be paid before any property can be distributed. If the testator devised the real estate to the executor legal title will pass to her. If the property was not devised to the executor then the title to the property will pass according to the provisions in the Will and the provisions of state law. Remember that no executor has any authority until they have been appointed by the court. You should consult with an attorney who specializes in probate law.An executor must submit the Will to the probate court. Once appointed as executor by the court the executor must follow the provisions in the will. The debts of the estate must be paid before any property can be distributed. If the testator devised the real estate to the executor legal title will pass to her. If the property was not devised to the executor then the title to the property will pass according to the provisions in the Will and the provisions of state law. Remember that no executor has any authority until they have been appointed by the court. You should consult with an attorney who specializes in probate law.An executor must submit the Will to the probate court. Once appointed as executor by the court the executor must follow the provisions in the will. The debts of the estate must be paid before any property can be distributed. If the testator devised the real estate to the executor legal title will pass to her. If the property was not devised to the executor then the title to the property will pass according to the provisions in the Will and the provisions of state law. Remember that no executor has any authority until they have been appointed by the court. You should consult with an attorney who specializes in probate law.An executor must submit the Will to the probate court. Once appointed as executor by the court the executor must follow the provisions in the will. The debts of the estate must be paid before any property can be distributed. If the testator devised the real estate to the executor legal title will pass to her. If the property was not devised to the executor then the title to the property will pass according to the provisions in the Will and the provisions of state law. Remember that no executor has any authority until they have been appointed by the court. You should consult with an attorney who specializes in probate law.


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.


Can an executor of an estate deprive someone of their inheritance?

No. An executor has no power to change the provisions in the will. Any such action by an executor should be reported to the court that appointed the executor.


Who is the person designated to carry out the 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.


Can an executor cut someone out of a will?

No. An executor doesn't have that kind of discretion. The executor must distribute the estate according to the provisions in the will. Any property that is not distributed under the will shall pass as intestate property according to state law. The executor will be required to report back to the court on the disposition of the property by the final account. If they do any self-dealing they should be reported to the court and removed immediately.


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


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.


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.


Can the executor take property from the estate for their own use?

No. The executor must follow the provisions of the will and distribute the decedent's property according to the instructions of the testator. In some cases the will gives the executor some discretion in distributing the property. You should review the provisions of the will and speak with the attorney who is handling the estate if you think the executor is abusing their position.


What happens if the executor dies before the estate is distributed?

The court must be notified of the death and a successor executor will be appointed.


Can an executor take ownership of estate property if it was supposed to be divided among beneficiaries?

No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.


If someone is made discretionary executor of a will are bound by law to carry out the wishes of the person who made the will?

Generally, the powers that ARE discretionary are set forth in the will. The executor cannot make changes to the provisions in the will unless the will explicitly gives that power. The duty of the executor is to carry out the provisions in the will. You should discuss this topic with an attorney.


What happens if the next of kin is also the executor and there is no will?

The court will appoint the executor. The estate will be distributed per the intestacy laws.


Who does the executor account to after probate?

No one, unless some malpractice is discovered on the part of the executor after the estate is closed and sues the executor. Once the estate is distributed and a final account is filed and approved the executor is discharged and the estate is closed. After that, the executor has no authority.


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.


Can an executor name a beneficiary on an estate?

Generally the answer is no. Only the person who made the will, the testator, can name their own beneficiaries. The executor must distribute the property of the decedent according to the provisions set forth in the will. In certain cases the testator gives the executor the authority to make distribution of certain property at the executor's discretion. For example, the testator may leave it up to the executor to choose a charity to receive a charitable bequest. However, any estate property not disposed of in the will must be distributed as intestate property under the state laws of intestacy.


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.


How do you change an executor after will is probated?

Only the court can "change" the executor. However, after the will has been probated there is no need of an executor. If additional property has been found that wasn't distributed then the probate must be reopened and the court can appoint a new executor.


If there is a divorce in progess for the deceased and a child is appointed executor of the estate who has more rights the widow or executor?

The executor is the person who has the power and obligation to carry out the provisions in the will and perform all the duties necessary to settle the estate. The widow has no rights in that aspect of the estate. If the divorce decree was not yet entered at the time of death the widow will inherit according to the provisions in the will. In most states she can claim a statutory share if she is not satisfied with provisions made for her in the will.


Does the executor of the estate have to distribute equally to all beneficiaries?

No. The executor must follow the instructions outlined in the will. If it says to distribute it equally, then it will be distributed equally.


Can the executor of estate be held liable for taxes owed if estate is solvent?

The executor is responsible for paying any debts, including taxes, owed by the decedent before any assets can be distributed. If the debts are not paid and assets are distributed the executor can be held personally responsible.


Is the executor responsible for the lawyers fees?

The estate is responsible for attorney's fees. The executor is responsible to pay the debts of the estate before any property can be distributed. If the executor mishandles the funds they will be personally liable.