General Rights of Beneficiaries in Probate

[newyorkprobate]

New York -

I have recently been named in a will as a "Share and share alike" beneficiary with three other family members. One of these was appointed as executor. They have moved into the decedents house, changed utilities to thier names and have only sent vague e-mails about thier intentions on how to handle the estate. I have compiled a list of about twenty questions, for which i need some general help...

The first is...does the executor of an estate have the right to move into a decedents property, make it thier primary residence and have use of all of the decedents property and possessions?

Thank in advance for your thoughts!

 

[BelizeBreeze]

New York -

I have recently been named in a will as a "Share and share alike" beneficiary with three other family members. One of these was appointed as executor. They have moved into the decedents house, changed utilities to thier names and have only sent vague e-mails about thier intentions on how to handle the estate. I have compiled a list of about twenty questions, for which i need some general help...

The first is...does the executor of an estate have the right to move into a decedents property, make it thier primary residence and have use of all of the decedents property and possessions?

Thank in advance for your thoughts!

That depends entirely on How the deed is recorded. Did anyone bother to file probate?

 

[newyorkprobate]

Probate & Deed

Yes the will has been filed for probate.

The deed was transferred to the decedent from his mother about 15 years ago, and I have seen the documents regarding this transaction.

As far as we know, she recieved the deed from her husband when he died over 30 years ago.

 

[seniorjudge]

Yes the will has been filed for probate.

The deed was transferred to the decedent from his mother about 15 years ago, and I have seen the documents regarding this transaction.

As far as we know, she recieved the deed from her husband when he died over 30 years ago.

You are very confused. This deed has nothing to do with probate.

So, if you want us to answer questions, FIRST tell us EXACTLY what this deed says.

Then we'll go from there.

 

[newyorkprobate]

Deed/Probate

Hey, I was only replying to a previous post asking me if the will was in probate and what the deed said. I never mixed the two, except in my answer...

I do not have the deed in front of me, but i am 100% sure that it listed the decedent as the owner of the house. The attorney that prepared the deed transfer 15 years ago has recently completed a search of the deed records and confirmed that the house did belong to the decedent. .

Thanks for the clarification and help.

 

[seniorjudge]

Hey, I was only replying to a previous post asking me if the will was in probate and what the deed said. I never mixed the two, except in my answer...

I do not have the deed in front of me, but i am 100% sure that it listed the decedent as the owner of the house. The attorney that prepared the deed transfer 15 years ago has recently completed a search of the deed records and confirmed that the house did belong to the decedent. .

Thanks for the clarification and help.

Q: The first is...does the executor of an estate have the right to move into a decedents property, make it thier primary residence and have use of all of the decedents property and possessions?

A: What does the will say about your question?

 

[newyorkprobate]

What the will says

There were specific items listed for specific people..cars, collectibles anda few investments went to named beneficiaries..

After this, the will states "all the rest, residue and remainder of my propery and estate, of every kind, nature and description, both real and personal and whersoever situate, i give and devise and bequeth unto (named beneficiaries) to be divided equally among them, share and share alike...

I hope this helps...

Thanks again.

 

[BelizeBreeze]

You need an attorney to write a nasty-gram to the executor demanding that Probate be concluded and ALL assets be distributed as per the will or you will be forced to file for removal of the executor.

 

[seniorjudge]

You need an attorney to write a nasty-gram to the executor demanding that Probate be concluded and ALL assets be distributed as per the will or you will be forced to file for removal of the executor.

Yes. That is your next step.