Can the executor of a will change the will?

The executor cannot change the last will and testament. It is the executor’s express duty to act in the best interest of the beneficiaries and estate, and to carry out the probate process, including distributing inheritance assets to intended beneficiaries and heirs.

Who is the executor of my mother’s estate?

Ask a lawyer – it’s free! Currently, as long as the property was your mother’s, her estate owns the property, not you. As executor, you are the one with the authority to make all of the decisions with regard to the property, but you do owe a fiduciary duty to the heirs (presumably, to you and to your sister)to maximize its value.

When does the personal representative of an estate get paid?

Out of pocket expenses are typically reimbursed during the course of estate administration. When Will the Personal Representative Receive Payment? In some states, fees paid to the personal representative—both ordinary and extraordinary—can be paid at any time during the administration without a court order.

Do you need to file taxes on your mother’s estate?

Yes, all of the liens have been paid off and the house is debt free. Also, do I need to file this property on my taxes? Our Children live in the house and don’t pay rent so there is no income per say, they just keep up the property. Ask a lawyer – it’s free!

What happens if you are the executor of a will in Massachusetts?

If there was a will, and your statement that you are the executor would indicate that there IS a will, then who is entitled to the house depends upon what the will says. In Massachusetts, title to real property vests in the beneficiaries per the will, or the heirs-at-law if no will, at the death of the prior owner, subject, however, to the right…

What happens to my mother’s estate when she dies?

If your mother had a spouse at the time of her death, then the distribution of her estate depends upon the ownership and titling of her assets. Generally, the majority of her assets would pass to her surviving spouse. Children or grandchildren may inherit a smaller share.

Who is entitled to inherit from my mother’s estate?

Distant relatives may inherit property, but only when close relatives don’t exist. If your mother was single, then you and your siblings as well as any surviving parents (if only one parent died), will receive your mother’s assets.

Who is the executor when there is no will?

When there’s no will, there’s no named executor. An executor is a person designated by the testator to carry out the terms of the will. When a person dies intestate, the probate court designates an executor, such as the surviving spouse or adult children.