0
If your mothers' house is in probate after her death can the executor stop you having access to her property?
Wiki User
∙ 18y ago
Yes, no assets or property can be taken until probate procedures have been completed. In some instances certain personal items, such as photographs can be released to family members with the permission of the executor. The executor is bound by law to protect the deceased's property until assets have been properly accounted for and debts have been paid.
Wiki User
∙ 18y ago
Add your answer:
Earn +20 pts
Does the executor have the right to a key to the temporarily occupied home of decedent?
Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.
Can access be denied to dads condo during probate?
The executor controls access to the assets of the condo. To preserve the assets, they can keep others off the property.
Can an executor gain access to bank deposit box before probate?
No. An 'executor' has absolutely no power or authority until they have been appointed by the probate court.
Can a non-executor changed the locks on the door of the property stated in the will?
No, they have no right to do so. The executor is responsible for the property. They need full access to maintain the property and properly value it.
If someone removes personal property from an estate before being sworn in as the executor can this be considered theft?
Technically it is theft. They are suppose to provide a complete inventory of the estate to the court with the valuation of all assets. If they are trying to avoid paying taxes on this, they can get into trouble.Another Perspective:Nothing in the question implies that the executor is stealing property or converting it to their own use. There are circumstances that would prompt the named executor to remove property for safe keeping while the executor is awaiting appointment by the probate court. An estate may be at risk during the period immediately following the death of the testator and before the court has allowed the Will and appointed the executor. Property removed for security purposes will simply be added to the inventory.For example, if the testator lived alone the executor may need to remove valuable property (such as cash or jewelry) from the premises to prevent theft, especially if others have access to the property. Greed often emboldens heirs to help themselves to estate property and the executor has the added duty of securing that property until the probate process is under way. The very act of submitting the Will for probate and petitioning for appointment would support the soon-to-be-appointed executor's actions. Any property so removed should be added to a list for the inventory that will eventually be submitted to the court.
How does executor of a will access a checking account?
First they need a letter of authority from the court. They present that to the bank and will be able to access the account.
Can cd's be cashed in that belong to a dead person before the will is probated by the executor?
Most states require filing of probate as a first step in appointment of the executor, which then gives the executor the power to collect and appraise the property of the estate and liquidate the portfolio for distribution.It depends on what you mean by "probated." Probate includes the entire process, which can last for years, until all assets are distributed. "Before the will is probated" could be taken to mean "before probate is filed", or "before everything required under probate is completed."So, technically yes, if the latter, because an executor has the power to do that DURING the probate of an estate. However, if the probate has not yet been filed, nobody has the power, as it died with the owner. Many elderly have ownership of such things placed into joint tenancy with right of survivorship, so that another person can immediately access the funds without probate.
Do all keys have to be handed to the executor of a will?
The executor is responsible for all estate property. They control who has access to that property. It is common for them to collect the keys or have the locks changed to preserve the estate.
Does an heir sibling to an estate have a right to enter estate after death of a parent if they are not the executor?
They do not have that right. The executor is responsible for the property and can allow, or not allow, access to the premises. The executor has to inventory the property of the estate and value it before distributions can be made.
Your mother died and you are the named executor in her will can you obtain funds in her account?
You must file the will for probate and petition for appointment as executor. The court will give you the authority to access the bank accounts once you have been appointed.
What is a way to legally appoint an executor if will was lost so you can free up deceaseds accounts?
The estate would be opened up in the normal way by application to the probate court. They will appoint an executor and issue of Letter of Authorization. That allows the executor to access the accounts.
Can the executor disperse money to those persons in the Will without a lawyer?
The executor has no authority to access any accounts until they have been appointed by the court.Once the executor has been appointed by the court they must settle the estate according to the provisions in the will and the state probate laws under the jurisdiction of the probate court. If the executor doesn't follow state laws they will be personally liable for any errors. One of the most important rules to follow is that the debts of the decedent must be paid before assets can be distributed to the heirs. An estate should be supervised by an attorney unless the executor is familiar with probate law.
