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In Florida, the executor's authority to sell a house without other heirs' permission generally depends on the will's terms. Unlike the Ohio system, a different set of laws govern such transactions in Florida. While an Ohio Release and Indemnification of Personal Representative by Heirs and Devisees may not apply, understanding state laws is crucial. It is advisable to consult with an attorney familiar with Florida estate laws to navigate these situations properly.
Section 2911.11 details criminal offenses related to the misappropriation of estate funds in Ohio. This section serves to protect estates from wrongful actions by those in positions of trust. Knowledge of this law is essential for understanding the broader context of the Ohio Release and Indemnification of Personal Representative by Heirs and Devisees.
If assets have to be sold to produce funds to pay Joan's debts, the Executors must agree which assets are to be sold. They cannot make unilateral decisions and act on them just because they think it is the sensible thing to do; or because some of the beneficiaries are pressurising them to do it.
Can an Executor Remove a Beneficiary? As noted in the previous section, an executor cannot change the will. This means that the beneficiaries who are in the will are there to stay; they cannot be removed, no matter how difficult or belligerent they may be with the executor.
Claims against the estate may be made up to six months from the date of death. A small estate that does not require the filing of a federal estate tax return and has no creditor issues often can be settled within six months of the appointment of the executor or administrator.
Expect that most estates going through probate in Ohio will take between six months to a year. Creditors have six months to file a claim against the estate, which means it can't be completed prior to that. Estates using the simplified version of succession may have probate wrapped up in two to four months.
The Powers of an Executorthe power to sell all or any part of the estate to pay debts and to distribute the estate among the persons entitled.
The short answer is that the deceased's home can't be sold before a grant has been obtained. Although executors derive their authority from the will, they can only prove their rights by taking a grant of probate.
The executor has three months from their assignation to prepare and file a complete list of the estate's assets. Note that, under Ohio probate law, creditors have six months to file any claims.
In Ohio, a creditor of a deceased person has 6 months from the person's date of death to formally present a claim for payment.