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Executor and Beneficiary

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Esther

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Post Posted: Tue Mar 27, 2007 2:15 pm    Post subject: Executor and Beneficiary
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If I'm named as Executor and Beneficiary of a Will . . . Stats that property is to be sold and distributed to beneficiaries. As Executor and Beneficiary, can either my husband or I buy the property and pay the beneficiaries?
craig

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Post Posted: Tue Mar 27, 2007 2:28 pm    Post subject:
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Hi Esther,

As you are the executor and also beneficiary, you can buy the share which other beneficiaries are supposed to get. And as the will states that property be sold and proceeds divided among beneficiaries, you can buy it.
janet sgro

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Post Posted: Tue Mar 27, 2007 4:04 pm    Post subject:
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Quote:
As Executor and Beneficiary, can either my husband or I buy the property and pay the beneficiaries?

Will states that property is to be sold and does not particularly mention who can purchase it or if is to be sold to any particular beneficiary. So, I too feel that you can buy it and pay other beneficiaries their due shares.


janet sgro
Ryan

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Post Posted: Wed Mar 28, 2007 4:15 am    Post subject:
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Esther

I am a bit confused here because you have mentioned that you are the beneficiary. Then again, you said you wish to pay the beneficiaries. Are there more than one beneficiary? Please let me know, so that I can give you a suitable suggestion.
Mac_7

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Post Posted: Wed Mar 28, 2007 4:24 am    Post subject:
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If you are beneficiary, you will get the property after the death of the current owner. But as in most cases, the Will may have to go through a probate procedure so that it can be made effective.
Icon Mini Profile jerry
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Post Posted: Wed Mar 28, 2007 5:04 am    Post subject: RE: Executor and beneficiary
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Hi Esther,

Your husband cannot get the property until and unless you get the ownership rights after the current owner's death. You need to quit claim an interest in your property to your husband so that his name is also added to the title.

Refer to the sections on Executor and Beneficiary to get a clear idea on their roles and responsibilities.

Thanks,
Jerry
Dena

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Post Posted: Mon Aug 18, 2008 2:13 pm    Post subject: Executor rights and Beneficiary rights
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My mother-in-law is the named trustee of the trust and my husband the named beneficiary of all said accounts. My question is does my husband have any rights as the beneficiary to these accounts to make any decisions?
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Post Posted: Tue Aug 19, 2008 6:05 am    Post subject:
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Your husband doesn't have any rights on these accounts right now as he is only a beneficiary.
Marsha

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Post Posted: Wed Nov 04, 2009 4:18 pm    Post subject: Where to get loans
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My situation is the same as Esther above, but I am trying to secure a loan to buy the property and pay the other beneficiaries. Do you have any suggestions where I could find a loan such as this?
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Post Posted: Thu Nov 05, 2009 6:12 am    Post subject:
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To Marsha,

Has the will been probated? I don't think you can buy the property with a home loan. The reason I say this is, you haven't gotten full title to the property yet. You're supposed to divide and distribute the estate to all the beneficiaries. You cannot have the entire property in your name, until the other beneficiaries sign over their individual property interest to you.
KellyMcK

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Post Posted: Wed Apr 28, 2010 9:23 pm    Post subject: Arizona resident to a Executor and Heir of Cailifornia estat
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I apparently must be appointed by the court to be recognized as the Executor. Can I get this by Arizona Supreme Court to have power of the California estate and assests? There are friends of deceased that are beneficiaries. Or do I have to be appointed by Cal for Cal?
Icon Mini Profile smithsussane
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Post Posted: Thu Apr 29, 2010 1:34 am    Post subject:
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Hi KellyMcK!

Welcome to forums!

If the deceased person has declared his/her friends as the beneficiary, then I don't think you would be able to change it. The friends will get the property as per mentioned in the will. However, you can definitely contact a California based attorney and take his opinion in this regard.

Feel free to ask if you've further queries.

Sussane
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