what an executor cannot do | executor problems with beneficiaries

619.741.0111 | [e-mail] | ProbateAndTrustHelp.com
As an executor you may be wondering what your responsibilities are, and how to navigate the complicated matter of probate while still maintaining good relationships with your family members. Thats why this video focuses on what an executor cannot do, and what executor problems with beneficiaries may occur. Many of these tips will also be helpful for trust properties to help you find answers to your real estate questions.
Here at Horizon Real Estate we care about helping you, as the estate executor, administrator or trustee. We want you to feel comfortable throughout the probate process, and to help you get the most money quickly from your estate house or trust property.
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I’m a full time REALTOR in San Diego, California with Horizon Real Estate. I’m an expert at helping executors, administrators and trustees with probate houses and houses in a trust. A wife, mom to three grown sons and a daughter, plus She-she (that’s my grandma name) to the two cutest, smartest and busiest kids.
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I am NOT a lawyer or tax professional. The presentations reflect my own understanding of the underlying subjects. However, the presentation is based on my professional experience in the field of real estate. The information contained herein should NOT be used as a substitute for the advice of an appropriately qualified and licensed attorney, tax professional or contracted real estate agent/broker. The information provided here is for informational purposes only. You should consult with a professional to seek legal advice regarding your exact circumstances.
If you want to talk with me about San Diego real estate, fell comfortable calling me at 619-741-0111 or email me at [e-mail]
California DRE license #01218310

[@cloud6862]

Parents should be careful leaving one sibling they might 'think' they can trust to execute a estate...when theres more than one sibling as this can leave other siblings in the dark if that executor sibling is ''Greedy and a Narcissitist''.......

[@ProbateandTrustHelp]

Hi FinstonUrchill, when someone is appointed as the executor or trustee of an estate, they have a fiduciary duty to follow the will or trust that the decedent drafted. Of course, it is best if the executor or trustee keeps all the beneficiaries informed of the actions he or she is taking throughout the process. If a beneficiary is concerned about the actions or lack of action, the best advice I can give is to obtain an attorney. The attorney can then represent the beneficiary and take legal action if necessary. I have also worked with siblings that are co-executors which give them both say, however I often find that in these situations typically one of the siblings takes on the majority of the responsibility for the estate just like in a single appointed individual.

[@judyannkiwi]

This is what I am dealing with plus my Dad didn't leave the greedy sister to be executor she cut copied paste from her name to hers. He didn't trust her.

[@ProbateandTrustHelp]

Hi Judy Ann Hunt, I hope that my advice above to FinstonUrchill was helpful for you. It is often my suggestion to get an attorney if you think the executor/administrator is not completing their fiduciary duties. Good luck, I wish you well!

[@heidipiche2063]

My life right now. My parents made terrible decisions concerning POA and Executor. Narc sibling who demonstrated his incompetence, pathological lying, selfishness, and rage issues throughout our lives. Why they ever imagined he would magically transform into someone capable of fulfilling these incredibly difficult roles is something I will ponder for the rest of my life. Hideous battle betweeen lawyers at this point.

[@gradydurham4990]

There isn't a more true statement than this right here.

[@ronanrb85]

I’m 20 years old and today I was made a executor for my grandmother seems to be a lot of responsibility but I’ll do my best

[@ProbateandTrustHelp]

Hi Ronan, being executor for your grandmothers estate will take time, but you can do it! I have lots of videos with suggestions, tips, and occasionally documents that may be helpful for you on your journey. Keep good records of everything (time, money, and inventory), and good luck to you!

[@LisaSabala]

Thanks for explaining what executors cannot do! You're an expert in probate!

[@joanbang]

A very helpful video explaining what an executor cannot do and the potential problems an executor can have with beneficiaries. It can be an overwhelming process unless there is a good realtor, like you, helping with the process.

[@richardandre866]

The problem stops the minute the empowered executor faces a probate court judge and has to pass their accounts. Any attempt at misleading the court can have major consequences. Executors have gone to prison or have had huge penalties imposed by the courts.

[@Doritbardola]

The excecutor my sibling, is with holding my inheritance to be greedy and difficult, Thankyou for this Vidio

[@ProbateandTrustHelp]

Hi Dolly, I'm so sorry that the experience of probate is placing strain on your family. It is never easy losing a loved one, and feeling like you're being excluded from the probate process makes it even worse. finalizing probate takes months and sometimes years, and then the funds may not be distributed to the beneficiaries until 9-12 months after probate has settled. I hope this give you some idea of timeline, so that you and your sibling can mend bridges. If you think that your sibling is wrongfully keeping the funds you can contact an attorney to find guidance. Good luck!

[@Doritbardola]

@@ProbateandTrustHelp Thankyou so much, I already got a solisitor, my dad's estate was left to the three of us, the one who made herself excecutor because the appointed one died, was my sister, dad put her name on the will as to leave the home at age 25, she's past that but named me and my brother as the children but he dident put our actuall names, mum dident have a will, but its my dad's who died befor my mum, my solisitor got half of my inheritance from the excecutor, but she is being difficult giving me the other half, because she's paid her self wages for looking after my dieing mum but the will is my dads, and a loan she got, plus other stuff, because my solistor is questioning it, she's ingnoreing any kind of contact from my solisitor, and so it's a waiting game, I just don't understand it, I never thought it would happen to my family, she has written a ledger so it's all on there black and white at my solisitors, Thankyou so much 🌹

[@56nation67]

@@Doritbardola i going thru a situation like yours...my dad passed april in England, im in America, im his only son...have a will in America, he secretly married now im battling with his wife of 15 years

[@ProbateandTrustHelp]

Hi Dolly Bow, some how your response got lost in my comments section. It sounds like your situation has been hard, I hope that it has improved. Sometimes these legal battles are just a waiting game. I'm glad you received some of your inheritance, and I wish you luck on eventually obtaining the other half. Good luck to you.

[@ProbateandTrustHelp]

Hi 56NatioN, battling the probate courts of two countries sounds like a very sticky situation. Good luck, I wish you well through the process.

[@christianmedinarealtor6070]

Great video on important information on what an executor can and cannot do.

[@ChicagototheBurbs]

Really good to know what the executor can and cannot do! Thanks for sharing.

[@SharonColon]

Great points! Thanks for the clarification!

[@kimcoats8094]

I am looking for cases . Such as Rae vs. Rea.. That I can compare to my situation. I am looking for something where two siblings and a nephew. They got together, and removed a beneficiary , from the will , 4.months before his death. I took care of both my parents before they passed. The estate representative had just got out of prison and stole my belongings, from my storage unit snd planted 6 Oz of meth in it. They changed the will and disinheritated a beneficiary. THE estate representative is the the next of kin. And the executor is his son. The original will was destroyed by them. And they forged the will that is now in probate. How do I go about having them discharged from there duties. They where taking items from the house the day my father passed. The executor took my dad brand new Subaru. He lives in Las Vegas. I'm in Corlorado And the undue influence was very stressful. And he should be put away just for the fact that he has changed my life forever. The executor was only 20 years-old the day my father passed. My little brother came up with 3 different will. Help. If you can help me find the case that this has happened to someone else.you truly. btruly. KC

[@SuperBullyone]

good one

[@ProbateandTrustHelp]

thank you, I'm glad you liked it!

[@redfritz3356]

There is a rental house in the deceased estate of my late mother and I have been getting the rent for months. Then it stopped because the executor got angry at me. I think maintenance is allowed under die Administration of Estates Act 66, in South Africa.

[@ProbateandTrustHelp]

Hi, I cannot speak on legal matters, as I am a real estate broker not an attorney. I suggest you speak with an attorney or legal council to get more information on you exact circumstances, good luck to you.

[@redfritz3356]

@@ProbateandTrustHelp Thank you for you good wishes, but I'll need a miracle in this case! I have found that a deceased estate is like blood in the water that attracts sharks. I'm the sitting duck!

[@valeriehawkins5563]

Thank you so much for this video. You have answered 2 of my questions in this one. I have the final say in settling the estate as the executor. And I can't sell the house for less than the market value. I learned about the NOPA in another video. But If you could clarity one thing or send me to another video that would be great. Right now the housing market is not great due to the high interest rates. My dad's house is 30 years old and he didn't do any upkeep at all. Not even paint the walls. I had an appraisal done but the offers are coming in a lot lower than the appraisal. We have one offer on the table but my sibling thinks it too low. She refuses to do an appraisal of her own but insists that based on the home location, and the schools, etc. The house should sell for more. I don't want to keep losing buyers waiting for a unicorn. The house needs a lot of work. When should I stop listening to her opinion and move forward. How?

[@ProbateandTrustHelp]

Valerie, thank you for your patience waiting on a reply, I've been out of town. This is a tough situation and one that we just experienced; we’re actually completing the sale today. When a home is not even close to what buyers consider move-in condition, especially with the increase in interest rates, those buyers are going to want a bargain. You shared that nothing much had been done with your dad’s home and it needs a lot of work. Regardless of the location and schools, etc., the home needs a lot of work. The home we are finishing the sale today is very similar to what you’re describing. If the home had been in reasonable condition, it would have sold for 15% more than what we are selling it for. The administrator didn’t want to put any money into the house and the results were not great. We had ten offers, all below the list price. We managed to negotiate an acceptable price after being on the market for over three weeks. Your fiduciary responsibility is to get the highest price and best terms offer for your dad’s home. If you’ve had a number of offers after a reasonable amount of time on the market, then with the help of your attorney and real estate agent, you need to move forward with negotiations and acceptance of an offer. Keep in mind that your attorney will send a NOPA and your sister can object to your action of selling the home. If she objects, then you would need a court date to confirm (or not) the sale.

[@LIVINGINPALMBEACHFLORIDA]

There is no doubt your clients are in good hands when dealing with probate and estate issues! You know the process!

[@basementbrasscompany9498]

My stepsister is an executor and I have yet to receive a will. She sold my mom’s car and I asked what she sold it for and she refused to answer it. I also inherited a portion of an investment account with my 2 stepsisters and she has refused to sign the release to distribute the funds. I asked her for a brief accounting of assets and debits and she told me she does not have to share any of that with me. And then basically refused to sign the release because since she was not an executor on the account she didn’t have to sign it. I couldn’t believe it. What should I do?

[@ProbateandTrustHelp]

Hi, is there an attorney involved in this probate? If yes, you should call them to find out these details and what your next steps are; if there isn't an attorney involved you should hire one. Good luck to you, I hope it all works out.

[@JohnHamiltonHomes]

It is a huge responsibility. It is unfortunate sometimes that heirs can make it more difficult for the executor with demands that may go against the will. It's important to chose the executor carefully. Thanks Kim.

[@PalmBeachesPaul]

you are so good at this topic.

[@wickedbunny2020]

😩 my grandpas step son is breaking the law and throwing me out of my inheritance before my grandpa is even dead. This is literally in the will. My uncle and I get the house and basically everything because we are the last 2 blood relatives and now my grandpa is dying and can’t speak and now he’s rushing to sell it after bullying him to sell it.

[@ProbateandTrustHelp]

My suggestion to you, is to hire an attorney! Get your grandpa some legal representation so that he can create a trust to distribute his estate as he would wish. Good luck to you.

[@freewoodencrosses]

As an executor to my father's estate, I have some issues and one is our 120-year-old house that must be sold to dissolve the estate. Almost immediately I am bombarded by opinions on what the house is worth. One sibling has come forth with an offer that, I am sure will be considered too low for the housing market. It could be viewed that I would be selling the asset for less than the market value. What you pointed out in the video is something the executor cannot do without the agreement of beneficiaries. However, if the house is sold without a realtor, we could save $3500 and I figure that bills each month the house is not sold which has 5 facets (gas bills, the electric bill, water bill, homeowners insurance, and property tax ) each month would reduce the amount of the sales value. So as a part of my job as executor, should I take a poll of all 12 beneficiaries that the offering price is enough? I so look forward to receiving an answer from you please.

[@ProbateandTrustHelp]

Hi Dennis, In California an appraisal is performed by the Probate Referee; this helps to establish a fair market value (as of the date of death) for the decedent’s home. Assuming you have a probate attorney, and that you wanted to consider the purchase price that your sibling is offering, your attorney would draft a Notice of Proposed Action (NOPA) to mail to each of the beneficiaries. The beneficiaries would have 15 days to object to the sale or if no objections are received then the property could be sold. Probate is a complicated legal matter and if you don’t have an attorney, I highly recommend you get one to protect yourself, as well as, the estate. That said, selling real estate is also a complicated matter and having a real estate professional that is an expert at helping with probate is also highly recommended. The bottom line is that you don’t want to do anything as the executor of your father’s estate that could potentially cause you difficulty in the future. Here is a link to a past video where I discuss for sale by owner vs hiring an agent kzbin.info/www/bejne/fX-vgYCtpr2JkKs, sometimes its not just about the money, but also about the time you will spend on the process. Thank you for watching, you can call or email me for more help 619.741.0111/[e-mail].

[@gregnash3540]

@@ProbateandTrustHelpHi I have a question about living in the home at the time of my Grandfather's passing. I have lived with and taken care of for 10 years and my aunt is the executer of the estate and has cam and locked me out it's only been two months since his passing what can I do ?

[@ProbateandTrustHelp]

Hi Greg, I am not sure what the situation was for you in regards to a lease with your grandfather while living in his property. If you live in California, and had a written lease and would like to gather your personal items from the house you can send a written notice with 15 days of your eviction to your aunt requesting time to get back into the house to gather those items. There is usually a police escort for this and a time limit, so be sure to prepare yourself with boxes and maybe a few friends to help quickly gather your things. Unfortunately, living in the house upon his death is not reason enough to stay there. The rights to the property and your grandfather's belongings are all dependent upon what is written in the will/trust documents for his estate, and if there are none the courts will decide who are beneficiaries of his estate. Good luck to you.

[@elinoreberkley1643]

it is a nightmare. over a year, a lot of stupid choices from not thinking... no one says anything or knows much. And basically now I just want to die so I do not have to deal with the aftermath. horrible!

[@ProbateandTrustHelp]

I'm so sorry you have had a bad experience with probate Elinore. It is hard enough saying goodbye to your loved ones, but on top of that you have to handle the stress of managing all of their personal effects, and try to make decisions with the rest of the beneficiaries. I hope that you find joy when the probate process is over. Good luck to you.

[@carmella88]

I'm going through something super similar to you. 😭 hugd

[@leslienairn9752]

My stepbrother did change things

[@davidgonzales9718]

I am having the same problems with my executor my sibling my grandmother she has taking everything of my father's belongings me and my older sister and my younger brother are not being properly informed about anything of this process and she did not tell the rightful heirs. my dad put down his ex-wife because it she can be trusted and my grandmother went behind his words and crossed her phone number out so no one can get ahold of her until last minute which is happening now now she refuses to give me my father's truck which is very sentimental to me and now she's refusing to talk to me because I went looking for answers because lacks communication skills with all of us

[@ProbateandTrustHelp]

Hi David, I'm so sorry you're struggling to come to amicable solutions. I would suggest hiring your own attorney and see what they can do for you and your loved ones. Everyone who is a rightful heir should be included and when they're not it can lead to problems down the line. Good luck to you and your family on finding solutions that work for everyone.

[@carmennunez4042]

Thank you for this wonderful information. My family is in a situation concerning my dad‘s estate. My dad died October 2021. He had a will that was written in 2017 that left my sister to be the executor of the will and the trust. She handled all the businesses first notifying the government authorities iRS Social Security his banking institutions. She paid for the funeral from my daddy‘s funds that was in the bank she was listed as his POD. After the funeral my brother shows us a will that was written January 2021 basically leaving everything to my brother and making him the executor of his will. My brother has multiple felony convictions and I was under the impression that he couldn’t be an executor of a will. He has taken over the properties stating that he is the owner according to his will. We do have a court date for probate. My question is which will is valid ? Also is the trust still valid being that my father never made any changes to the trust?

[@ProbateandTrustHelp]

Carmen, This is definitely a difficult situation. My be recommendation is that you consult with an attorney asap.

[@SkarrKingg]

My uncle is the executor of my Mothers estate. There's is no estate tax or inheritance taxes and she has no debts. He has taken his fee as executor stated that he will probably have to sell the property. He hasn't paid the property taxes, home or car insurance and hasn't contacted me since Feb of 2020. Do I have the grounds to remove him?

[@ProbateandTrustHelp]

Hi, I recommend that you get yourself an estate attorney, because the personal representatives fees should be paid AFTER the probate is completed. Due to the pandemic many probate courts have been closed so there have been extreme delays in the probate process, but the fact that he is removing funds before the case has been closed is a red flag to me. If you would like additional guidance or a referral you can email me at [e-mail], or call my office 619.741.0111, I'm here to help.

[@paullightfoot9028]

Any Issue with an Executor handling the sale of the decedents House if the Executor is also a Licensed Realtor in that state?

[@ProbateandTrustHelp]

Paul, I don’t think it makes a difference if the executor has a real estate license. That said, if I was in their shoes, and I was going to want to handle the sale of the decedent’s home, I would definitely discuss it with all the beneficiaries and have them sign a NOPA (Notice of Proposed Action). That way the beneficiaries would be aware and I would be protected by any future issues from the beneficiaries. It’s good for you to know that prior to the actual sale of the decedent’s home (in California), a NOPA would need to be sent to all beneficiaries and they would have the option to object. But, I’ve been doing this for two decades and no one has ever objected.

[@shannybear]

Hello, my brother is the executor of my grandmother's estate. He is also a beneficiary as well as my mother and my uncle. My grandmother passed 5 months ago and my brother is not communicating at all with my Mom and my uncle. They do not have any information on all of the assets, he would not even tell them what her home was appraised at. As beneficiaries don't they have a right to know what assets are in the will?

[@ProbateandTrustHelp]

Shannon, Your brother is doing the wrong thing by not keeping the other beneficiaries informed regarding your grandmother’s estate. I would recommend you contact the attorney that is helping with the probate and ask him to either give your mother and uncle the details of the probate proceedings including information about the house, or tell your brother to do so. If neither works, I recommend you family contact an attorney to represent them. Good luck!

[@kattubenews5833]

What if the wife of the deceased still lives at the home? And has for past 30 years. Does the executor have right to come and go and take whatever from the home while wife still living there?

[@ProbateandTrustHelp]

Hi Kattubenews, I would think that after 30 years, the stuff in the home would belong to the wife of the deceased. That said you would be in a much better position to address the situation legally and properly if you had a consultation with a good estate attorney.

[@sheilakirby5616]

WHAT HAPPENS WHEN THE EXECUTOR ! FAILED TO PROVIDE ANY PAPER WORK FOR THE ESTATE * FINANCIAL ASSETS * LIFE INSURANCE POLICY * BANK ACCOUNTS * STOCKS & BONDS * PERSONAL PROPERTY * IN SHORT MY BROTHER HAS STOLEN MY INHERITANCE * WAS A WILL * HE HAD GOTTEN A LAWYER TO ACQUIRE SOME BASIC DOCUMENTS THEN FAILED TO PAY LAWYER * AND I'M NOT SURE IF THINGS EVEN WENT THROUGH PROBATE * I NEVER EVEN RECEIVED ANY DOCUMENTS SAYING WHAT IS / HAD HAPPENED * ALL I KNOW IS THAT HE HAS TAKEN EVERY THING !!! I KNOW THAT HE HAD TAKEN MONEY FROM HER BANK ACCOUNT THE MORNING AFTER SHE PASSED

[@ProbateandTrustHelp]

Hi Sheila, that is awful, I'm so sorry you're going through that. This situation is a legal matter and I suggest hiring an attorney of your own to help with getting your inheritance back. I'm sorry I can't be of more help, you situation is not within my expertise, good luck to you!

[@melindausher8671]

I was the Beneficiary of my fiance life insurance policy but divorce court ordered that he not change his Beneficiary but he had it changed in 2017. While he was married but once he filed for divorce he changed his (2017) Beneficiary. The judge order came in 2021. Is this legal? The company he worked for told him they don't honor Judge orders only who's listed as Beneficiary? So is this legal can judge order stand? State is Georgia. I never heard of court taking away your rights on Beneficiary Life Insurance policy?

[@ProbateandTrustHelp]

Hi Melinda, I'm sorry but this is not my area of expertise. I am a Realtor, and this is a question for an attorney. I hope you find a way to get the situation sorted out.

[@ktjasnbran]

Can a beneficiary who has first access to all of the items in the home per the will from the deceased loved one conduct an estate sale /sell out with out speaking to the executor first? The executor wants to donate all of the items in the home and the beneficiary does not agree.

[@ProbateandTrustHelp]

Katelyn, I don’t believe that a beneficiary can go into the home at all without the executor’s permission. If the beneficiary does not agree to the executor’s proposed action ie. donating all the personal property, the beneficiary can object. You’ll need an attorney to oversee the objection.

[@teabag402]

If I am not the executor, but I am the sole beneficiary of 1 of the properties, can the executor force me to sell my property? They are not listed as a beneficiary for this property to be clear. Thanks for your help and time

[@ProbateandTrustHelp]

Good question…the executor has a fiduciary to the estate and you as the sole beneficiary. That said, if for some reason they believe it is the estate’s best interest to sell the property, I imagine they may sell it. Your best next step is to contact the attorney helping with the probate or contact an attorney to represent you in this matter. You may have to get involved with litigation. I’m so sorry.

[@reginaldmitchell4960]

I'm dealing with my sister, in not communicating with the family, concerning my mom, in which has passed this year 2022 and have left her sibling property, but my sister has blocked all of us out of her life. Mom had a trust setup and not sure if she made my sister the trustee, she made her the power of attorney in taking care of her affairs while she was living, my siblings agreed to me taking mom's building, but my sister would not agree to giving me my role/written agreement with my name on something, so I texted, emailed, USPS, overnighted documents in seeking😪☹😮🙁😟😕 my role, specially when I'm paying the mortgage. I need to know how to go about finding/looking into my mom's trust?

[@ProbateandTrustHelp]

Hi Reginald, this is a hard one. Please gather records of your mortgage payments so that you can be compensated for your financial contribution. Experience has shown that often if the siblings cannot all agree on a plan for the property then it will likely be sold and the funds distributed according to the trust/will. If your sister is trustee but refuses to communicate with the rest of the siblings I would suggest hiring your own attorney to represent the remained of you. Good luck to you and your family I hope you can come to a conclusion amicably.

[@bswizzle1597]

So the executor is not legally allowed to move into the deceased person's house? In what circumstance could they? Are there any? (Assume the deceased person had outstanding debt + a home mortgage that could not be paid off unless the house was sold).

[@ProbateandTrustHelp]

Hi Brad, that is a big question. There may be circumstances where the executor is permitted to move into the house even when there is a mortgage. That said, if you are under the assumption that the executor shouldn’t be residing in the decedent’s home, my recommendation is that you contact an estate attorney to determine if there is an issue that needs to be addressed. Hope this helps!

[@leslienairn9752]

What if it didn't go through probate and plus there is 4 pages missing out of the will

[@ProbateandTrustHelp]

Hi Leslie, I would call your attorney and ask for an answer to this question. In my experience if the will is missing then the courts will typically refer to intestate succession to determine the distribution of inheritance.

[@nanastrippin2006]

Can an executor who is also the deceased daughter and one of five beniiftiary, live in our moms home "rent free", while still getting paid a certain % of the estate for payment and then use the home for their own personal benefit and or lock the other siblings out of the house and only allow them access when its convenient for them, just because they are living in the house that mom left us in the will?

[@ProbateandTrustHelp]

I’ve been involved in circumstances such as this, and the beneficiaries attorneys have addressed the fair market rent for the beneficiary living in the decedent’s home. Meaning that during the probate process they took the total rent amount from the beneficiary that was able to enjoy living in the home. As far as not allowing access to the property, I really don’t have experience with that. You might want to contact a probate attorney to get accurate answers to these questions.

[@Kevin-rp6pz]

My uncle was my dad rep payee. I’m my dads only child and he wasn’t married. I had to go get appointed the personal rep because my uncle will not give me the right bank Info that had my dads money. He still haven’t giving it to me even after I got appointed. What can I do ?

[@ProbateandTrustHelp]

Hi Kevin, if you don't already have one I would definitely hire an attorney. If your uncle is withholding important documentation, and you have been appointed as the personal representative, then you need to have your legal representation take the necessary actions to obtain that information. Good luck to you with the settlement of your fathers estate, I hope that your uncle and you finalize everything peacefully.

[@qzorn4440]

great information, what about the roll of a co-executor problems on how the land of a farm will be used, like cattle vs hay ground? thanks.

[@ProbateandTrustHelp]

Hi q zorn, I wish I had an answer for you, but here in San Diego I've never come across this particular situation (were more urban, not a lot of rural land here). May I ask what part of the country you live in? Maybe I can put you in touch with an agent/attorney who could answer your question. you can email me at [e-mail]

[@margaretohara7250]

Is your advice in written form? This sounds so helpful. Thank you.

[@ProbateandTrustHelp]

Hi Margaret, some of it is on my website in our blog forum probateandtrusthelp.com. Is there a specific piece of information you're looking for or are you just interested in learning more about the probate process?

[@margaretohara7250]

@@ProbateandTrustHelp thank you so much. I have many questions but one in particular is "does administrator in intestate estate have to give heirs a list of deceased person's assets - heirs are siblings. Thank you.

[@ProbateandTrustHelp]

Great question, it is recommended that the administrator or executor take an inventory of the decedent’s assets because the probate referee may require it and, as in your case, the beneficiaries may request a list of assets. This doesn’t mean that you must be super detailed ie. list he number of spoons or the amount of pairs of socks, but, being reasonably detailed is best. I sure hope this helps you.

[@margaretohara7250]

@@ProbateandTrustHelp thank you so much.

[@marcelaarceo5272]

Question can an administrator fire employees from a bussiness

[@ProbateandTrustHelp]

Hi Marcela, I'm not sure what you mean by this? can you elaborate?

[@wendycrane6769]

Can an executor withhold an inheritence in order to get a signed release with their written conditions ?

[@ProbateandTrustHelp]

Wendy, That would be an excellent question for an attorney, but my first thought is that if the executor is requiring a signed document it’s for the protection of the estate.

[@johncolen3379]

Who pays executor and when can they be paid?

[@ProbateandTrustHelp]

Great question John, The executor or administrator of a probate will be paid statutory fees after the probate is complete. In San Diego county the probate can typically take up to twelve months to be completed. If there is real property involved (the decedent’s home) it could take even longer. The statutory fees will be paid from the decedent’s estate.

[@mlisa61]

We were all executors, (3 siblings), but my sister, since she was living at my Mum's house decided to make us sign for her to do it. She done well up to probate, but then other sibling (decided to take executor role from her), thru solicitor. Now, just waiting for his solicitor... I did not want to sell, the other two eventually did. But for me, I hardly got to see my Mum's house too! I want to keep the house, of course, having been brought up there, etc. What can I do? tks.

[@ProbateandTrustHelp]

Hi MLisa, I'm sorry for your loss. Typically, in situations where the estate is being distributed to more than one heir the proceeds must be split evenly between them (unless the will or trust says otherwise). Since the house is often the most valuable asset it is sold so that the proceeds can be evenly distributed. If you have the funds you could possibly buy out your siblings and keep the home. Have you asked your attorney or your real estate agent about this?

[@monal3650]

@@ProbateandTrustHelp Thanks so much for your reply. There is a will for us 3 equally to be executors. And for us 3 to equally be beneficiaries, therefore. No, I do not have an attorney. This is what I have seen online, if one beneficiary DOES NOT want to sell the house, then the house CANNOT be sold! I've heard that from some others too. I am in the UK. I assume it is similar in the US. Can u confirm this please? thanks

[@ProbateandTrustHelp]

Hi Mona, I don't live in the UK, so I'm not familiar with any of the laws regarding sale of property in an estate there. I would suggest taking these questions to your attorney to get accurate answers. good luck to you.

[@colmcoburn8915]

Is this the same rule in Ireland 🇮🇪

[@ProbateandTrustHelp]

Hi Colm, Thank you for watching! I am not certain if these rules apply in Ireland as well. If you're looking for that answer I would suggest finding an attorney who lives in your area and can help answer those questions for you. Have a great day!

[@cuzz45]

Can an executor of an estate be held personally & financially responsible for any property taxes that are past due while the estate is currently titled in the name of the deceased? My mother died in 1990 and named me as executor of her estate. I paid her remaining bills and took out a loan to cover her final expenses as there was no life insurance policy. I also paid out to my three sisters what she had designated in her will. I paid all of the taxes every year out of my own pocket while trying to sell the property during that time. In 2020 I decided to stop paying the property taxes and let the property go to tax sale. The house had burned down to the ground in 1997 leaving only the land as the tax burden. I am now getting notices of tax money past due and going in to collections. My question is, can I be held personally responsible for the money and fees due? Neither I nor any of my three sisters have any interest in the property and we all live out of state. The property is in Pennsylvania. Thank you for any advise you can offer.

[@ProbateandTrustHelp]

Hi George, I am not an attorney or a tax advisor. That said, I don’t believe that you as the executor of an estate titled in the name of the deceased would be personally responsible for any unpaid property taxes. But, if there were proceeds from the sale or even an insurance claim of the real property, the home, then the estate may be liable. My recommendation is that you consult with a real estate attorney.

[@cuzz45]

@@ProbateandTrustHelp Thank you so much for your help. I can only hope I will not be held liable. I did pay all of the taxes from the year she passed, 1990, until 2020. Tried to sell many times. Paid my three sisters what they were designated to get in the will. There was no insurance on the property when it burned to the ground in 1997. Thanks again for your info. I understand you are not an attorney but it does provide a peace of mind.

[@ProbateandTrustHelp]

You're welcome, good luck to you George.

[@cuzz45]

@@ProbateandTrustHelp Thank you!

[@lindafreer7795]

My friend just died.She made me her executor.Her daughters live in her house. They want to stay there. The will said house had to sold n money given to girls. What can be done

[@ProbateandTrustHelp]

Linda, I'm sorry for the loss of your friend... this is definitely a tough situation. You’ll need to hire an attorney to help determine if the daughters can remain in the home or if the terms of the will must be followed ie. selling the house. Of course, the daughters would need to qualify for a mortgage to be able to pay off your friends existing mortgage (assuming there is a mortgage). It will be easier for you if you have legal advise to help with this issue because you don’t want to be in a position where you are attempting to remove the daughters from the house on your own. Keep in mind that you can decline to be the executor and if there isn’t another family member to take your place, the courts would appoint and independent person to act as executor.

[@lindafreer7795]

Thank you for your information

[@ProbateandTrustHelp]

you're welcome, thank you for watching.

[@Roni62]

Thank you

[@ProbateandTrustHelp]

You're welcome Ronnie, I hope you find my content helpful.

[@Roni62]

@@ProbateandTrustHelp Yes, very much so

[@jackiemansfield8325]

I will donate my house in Vegas to a honest Animal charity. Could I make that charity the beneficiary when I pass and not have an executor in between?

[@jimmoravec1326]

God bless you for caring and helping people who help animals, I have 100% respect for you. 👍

[@jimmoravec1326]

I’m sorry for disagreeing with you but giving false information is not right. An executor / trustee does not have to follow the instructions of a will, trust or both That is the unfortunate truth

[@jackiemansfield8325]

@@jimmoravec1326 In the US the executor must to follow what is on the trust.

[@jimmoravec1326]

@@jackiemansfield8325 Like I mentioned, I have complete respect for you so I’m not going argue my point. I’ll just say that if you can find any attorney that might challenge or disagrees with my findings of facts I would love to update them. Thanks and Take Care 👍

[@sailasimone6175]

What if I am the ex-wife, never divorced him, and in another state? We have a daughter together. The sister is trying to act like we never existed so how will the probate courts know that we exist?

[@ProbateandTrustHelp]

Hi Saila, that is a good question. I would imagine if you never divorced that you would be entitled to be a beneficiary. My recommendation is that you speak with a probate attorney to help you with this situation. It shouldn’t matter that you are in another state, if you're still legally married you are likely a beneficiary, and your daughter may also be a beneficiary. Get in contact with a good probate attorney.

[@sailasimone6175]

@@ProbateandTrustHelp , I already tried and they want 2500.00 to start. I am on disability and cannot afford it and they don't have legal aid to help with this. I tried everything.

[@ProbateandTrustHelp]

Hi Saila, sorry for the delay getting back to you. I'm sorry for your struggle, it sounds like you're between a rock and a hard place. Try calling around to various attorneys, there may be one that is willing to work with your financial constraints until the inheritance is received. Good luck and don't give up!

[@EMGoudsmit]

What if a co-owner lives inthe house?

[@ProbateandTrustHelp]

Hi Ellen, in my experience when someone passes and the co-owner lives in the house usually they own 50% and the other 50% is now part of a probate. The surviving owner would either need to buy out the estate or the home would need to be sold. I recommend that you contact an estate attorney for accurate answers.

[@trees8240]

I am 1 of 5 heirs. The executor will not communicate with me. I only got the probate letter. What should l do? I noticed the executor tried to sell the house before probate was filed. Of course her name wasn't on it then she produced the will which to my surprise had my name on it( step child) whom the assets originally was my fathers who passed before my stepmother. I'm hoping things will be devided equally but intuition says not.🧡💛

[@ProbateandTrustHelp]

Hi Linda, Does the probate letter have the attorney’s contact information? If the executor will not communicate with you (which they are supposed to do based on the fiduciary duty they have to all beneficiaries), your best bet is to reach out to the attorney. Since the asset was originally your fathers, and a will was located, the executor must follow the will.

[@trees8240]

@@ProbateandTrustHelp Thank you. I will then contact the attorney. Thanks again.

[@ProbateandTrustHelp]

You're welcome Linda, I hope everything worked out well.

[@carmella88]

Hey Linda. What did you ever do ? The executor in my case won't talk matter of fact none of us 3 are speaking. Executor wants to just keep the home.

[@trees8240]

@@carmella88 Dealing with family illnesses and death along with the covid epidemic I let it go. My ex_ step sister( who always pretended to be a devoted ordained christian)and church attorney had cooked up a scheme when my father was alive to have their church I think attorney "friend" include himself also as a beneficiary and back up executor so if anyone contests my ex sister he would be it. She sold everything except the house and gave everything she didn't want to her blood relatives. I nor blood siblings got one penny. Because of the short time to contest in court, covid and disbelief of the obvious I missed contesting. I found out she had had my dad and step mom let her set up the estate planning when she was working in commercial realestate. My dad.and her mom were really bad alcoholics so were rarely with clear thinking. I could not find any attorney to take the case. The ones that gave pointers said it could be a costly challenge with little or no return. My health, sanity and strong belief in God and karma allows me to be at peace.

[@bettygilley1177]

I think the executive to my ex's Will forged his name.

[@ProbateandTrustHelp]

If that is the case it is definitely not legal. I'm not sure what the circumstances to your situation are, but if you suspect forgery and feel you're entitled to some compensation then my suggestion is that you find an attorney. Good luck Betty!