Suing An Estate Executor For Dummies In Fulton
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Yes, the executor can sell the home without the approval of the beneficiaries. There is no requirement for beneficiaries to approve how assets are administered. While the executor can make the final decision on the home sale, notice of the sale will be sent to all the beneficiaries so they know about it.
When a property has to be sold it is wise to use a solicitor to complete that process. The executor has to wait for at least 6 months after a death before distributing the possessions and assets.
If the executor fails to meet their legal obligations, a beneficiary can sue them for breach of fiduciary duty. If there are multiple beneficiaries, all must agree on whether to sue an executor.
How do you say “no” to being an executor? You say “no” to being an executor by simply signing a form that says you renounce the role. Get it notarized return it to be filed with the courts. After that, you're done!
Proving Executor Misconduct Pull the bank statements, transaction records, and communication logs. Let the evidence speak for itself. Beneficiaries or others involved in the probate process can provide detailed accounts of the executor's actions.
If you can prove to the court that the current executor is incompetent or is mishandling the affairs of the estate, the court will relieve that executor and choose a replacement. If the will names an alternate executor, that will likely be the court's choice.
