If a beneficiary stops cooperating the attorney for the estate can serve a Petition for Discharge and plan of distribution on the beneficiary and include a final distribution check. After service of such papers, a beneficiary has 30 days to file objections to the plan of distribution and petition for discharge, or their objections are waived.
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Oct 20, 2021 · Working with a real estate agent that’s experienced in probate and inherited properties will give you the best experience, both in overcoming the legal obstacles and with the home sale at large. Find an Experienced Real Estate Agent with Clever Dividing inherited real estate can be a lengthy, complicated transaction.
May 25, 2020 · Determine Whether You Have a Case. First, try speaking to the executor about your grievances. The executor may have information that reasonably explains the delay. If that doesn’t work, you may want to look into taking legal action against the executor.
Jan 31, 2019 · The executor must file a petition with the probate court and set a court date before he or she is granted the legal authority to access, alter, or administer the estate. This first step can take weeks or months, so it’s important to file the petition and get a court date set as quickly as possible.
May 17, 2019 · Option 1: Offer to Buy the Other Person Out. As a probate litigation attorney, I certainly do not shy away from putting up a good fight. However, I always tell my clients to try peace first before going to war. Peace will always be less expensive, and nobody wins in war.
If you believe the executor is failing to properly administer the estate (either through improper actions or through inaction), you have two options: petition the court to remove the executor or file a lawsuit against the executor.
The executor must do this work in a timely manner and to act in the best interest of the beneficiaries.
The executor of a will handles the estate of someone who has died, including paying the estate's debts and taxes and distributing the assets to the beneficiaries. The executor must do this work in a timely manner and to act in the best interest of the beneficiaries. But what if you're a beneficiary waiting for your inheritance and ...
Depending on how complex the estate is, the process can take anywhere from a few months to several years. There is no set time limit. And importantly, the executor can distribute the assets only after the property is evaluated and debts and taxes are paid. So beneficiaries often do not get their inheritances until everything else is wrapped up.
There is no set time limit. And importantly, the executor can distribute the assets only after the property is evaluated and debts and taxes are paid. So beneficiaries often do not get their inheritances until everything else is wrapped up.
As much time as it takes. That said, an executor may not stall the process for no reason. Unreasonable delays caused by an executor's actions (or failure to act) may be grounds for removal or possibly a lawsuit to recover damages.
If that doesn’t work, you may want to look into taking legal action against the executor. To remove someone from the role of executor, you must be able to prove to the probate court that the executor is not living up to the responsibilities of the position or is doing something illegal.
Ultimately, what happens to a home in probate varies from state-to-state but generally one of two things will happen: survivors of the estate will inherit the property or the house will need to be sold through probate court.
In an intestate probate scenario, there is no will left to name the beneficiaries. If the house hasn’t been transferred through a living trust, transfer-on-death deed, or joint tenancy law, then it must be conveyed through probate court after the judge names an immediate family member to be the executor of the estate.
A house can avoid probate if it’s automatically passed on to survivors via a living trust, joint ownership, community property law, or transfer-on-death deed. If it doesn’t fall into one of these exceptions, the general rule is that if someone dies and owns real estate, any property they own is headed for some kind of probate process —will ...
Probate is a court-supervised legal procedure where beneficiaries legally obtain the financial and physical assets promised to them in a will and clear the debts of an estate.
A will makes probate more straightforward and may even allow the process to be a swift formality. Even without a will, dealing with the house in probate could be as simple as the judge conveying the house to family members per the decedent’s wishes. Other times the personal representative of the estate (also known as the executor) ...
The executor must file a petition with the probate court and set a court date before he or she is granted the legal authority to access, alter, or administer the estate. This first step can take weeks or months, so it’s important to file the petition and get a court date set as quickly as possible. Then, per the instructions ...
Your agent will be paid from the proceeds of the sale, just like in a traditional sale. However, if the estate is upside-down on the mortgage and the proceeds will not satisfy the outstanding loan, you may be presented with a short sale or foreclosure scenario.
As a probate litigation attorney, I certainly do not shy away from putting up a good fight. However, I always tell my clients to try peace first before going to war. Peace will always be less expensive, and nobody wins in war. Emotions are generally high during probate (as someone has just died) and now there is fighting amongst siblings.
Unfortunately, there is not much you can do if the person will not agree to settle or sell the home. There may be other legal tactics you can do, but generally, if the property must get sold (or you want to sell the home) and the other heirs do not, then a partition action may be your only option.
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All five now have an ownership interest in the property. (When the estate was open, the personal representative had the sole power to sell under the authority of the will.) Any sale of the property will now require the approval of all 5 owners. Unfortunately, the 2 siblings have lost contact with their nieces and nephew.
All five now have an ownership interest in the property. (When the estate was open, the personal representative had the sole power to sell under the authority of the will.) Any sale of the property will now require the approval of all 5 owners.
If the executor named in the will has let the estate languish, you can file an application with the court to become the representative of the estate (executor) and take over the probate. If the executor has been approved by the court you can file a motion to show cause why the estate has not been probated and closed. Report Abuse.
If the designated executor refuses to cooperate in the administration of the estate, your option is probate court in the county of the residence of the deceased. You can discuss the matter with a probate attorney because one will likely be required. Report Abuse. Report Abuse.
An heir in your position likely needs to petition the court to remove the executor of the estate, or to otherwise order an accounting or distribution. This is something you should discuss with a probate attorney, instead of try to do on your own. Indeed, it may be a letter from a lawyer is sufficient to make the executor distribute and close the estate.
Any "interested party" can initiate the probate process in Florida. If you believe you have an interest in the estate, then you can start the probate process. You do not have to wait on another person to probate merely because they are the named Personal Representative or you have no will. You will need to hire an attorney to assist you with the appropriate documents for filing.
Another thing to consider is what the heirs want to do with the property. Some may want to sell while others may want to turn the house into an investment property. If the goal is investment, one heir may choose to buy out the other heirs.
If one heir can’t buy out the others and still wants to retain the house, the court may decide selling and dividing the profits is the next best option .
Unfortunately, not all heirs are in agreement about what to do with the inherited property. If you’re in this situation, you may wonder if one or more of the heirs can force the property to be sold. The answer to the question, “Can they force the sale of the property?” is quite complicated. The short answer is “yes, they can.”.
The first question to have answered is who owns the property. If a mortgage is attached to it, the mortgage company is technically the owner. Whether you get to keep the property or have to sell it will depend on whether you can assume the mortgage and make the payments or get a new loan to pay off the amount owed.
If no mortgage is attached to the property, you must determine who inherits it. If only one person is heir to the house, other heirs of the estate generally can’t force the sale of the home. If multiple siblings inherit the property jointly, they each have a say in what happens to it. This is assuming, of course, ...
If only one person is heir to the house, other heirs of the estate generally can’t force the sale of the home. If multiple siblings inherit the property jointly, they each have a say in what happens to it. This is assuming, of course, that each one has an equal share in the property. Sometimes, though not often, ...
Probate is the legal process of distributing the property of a deceased person. It is often required when someone dies, especially if real estate is involved.
When someone dies, inherited property is not merely handed out in an arbitrary fashion. The distribution of an inheritance must always follow authorized written instructions. If the decedent drafted a will or trust document before his death, those documents provide the authority for an executor or administrator to distribute the estate.
If someone dies without a will, or "intestate," then the state of the decedent's residence will determine the proper recipients for the possessions of the estate. If you are handed the responsibility of dividing inheritance property between siblings, you must follow the written authority that you are given. Advertisement.
Because your father passed away without a Will, his estate is to be distributed according to the Florida Intestate procedure. It is not a matter of reaching an agreement on how to divide the assets. The Court will require that distribution is made according to the intestacy rules. More
Who was appointed as personal representative? Perhaps try to set up a mediation or settlement conference with the attorney for the PR and the beneficiaries.
The Personal Representative is empowered under Florida law to decide upon who gets what, provided the Personal Representative is following Florida Law with respect to distribution.
When an executor is withholding an inheritance, not communicating with beneficiaries, or taking too long, it’s easy for beneficiaries to get frustrated. Feelings of helplessness and lack of control can lead to anger and even ruin relationships.
The court can also remove the executor or prevent the executor from receiving a fee. Also, remember that you have the right to go to the police if you believe that the executor is stealing or breaking the law in some other way.
E xecutor misconduct is serious. When an executor is withholding an inheritance, not communicating with beneficiaries, or taking too long, it’s easy for beneficiaries to get frustrated. Feelings of helplessness and lack of control can lead to anger and even ruin relationships. Fortunately, there are things you can do to get executors to act appropriately, although you must understand what the executor is legally required to do and what actually constitutes executor misconduct.
Similarly, if an estate is insolvent, meaning the liabilities are more than the assets, the beneficiaries will not receive a distribution. But there have been cases where the executor has delayed distributing the estate for other reasons.
Residuary beneficiaries have the right to know what is going on throughout the probate process. However, the executor isn’ t required to consult with the beneficiar ies or keep them updated every single step of the way. Being an executor can be challenging and sometimes beneficiaries confuse ...
Residuary beneficiaries have the right to know what is going on throughout the probate process. However, the executor isn’t required to consult with the beneficiaries or keep them updated every single step of the way. Being an executor can be challenging and sometimes beneficiaries confuse communication with the ability to provide input, something they do not have the right to do.
Executors have a fiduciary duty to the deceased person they are acting for and the beneficiaries of the will. This means they must act in the best interests of these parties. They must keep proper records of all financial transactions and show those records to residual beneficiaries, should they wish to see them.