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Can the executor stay in the house without selling it?

Can the executor stay in the house without selling it?

Q: Who is best to be executor of your will?

The best executor is someone trustworthy, organized, and capable of handling financial matters. This person should be familiar with your family dynamics and able to communicate effectively with beneficiaries. It's often advisable to choose someone who can remain impartial and follow the instructions in the will.

Q: Which child should be executor?

Choosing an executor among your children depends on their ability to manage the estate responsibly. Consider factors like their organizational skills, financial knowledge, and ability to remain neutral among siblings. It's essential to discuss this choice with your children to avoid potential conflicts.

Q: Is the oldest child usually the executor of a will?

While many people choose the oldest child as executor, it is not a rule. The best choice for executor should be based on the individual's capability to handle the responsibilities, rather than their birth order. Discussing this choice with family members can help prevent disputes.

Q: Can a beneficiary override an executor?

A beneficiary cannot override an executor's authority unless there is evidence of misconduct or failure to follow the will's instructions. In such cases, beneficiaries may petition the court for the removal of the executor. The executor is legally obligated to act in the best interest of the estate and its beneficiaries.

Full question:

MY MOTHER-INLAW PASSED AWAY TWO YEARS AGO, IN HER WILL SHE LEFT ONE OF THE FOUR DAUGHTERS HAS EXECUTOR, THE EXECUTOR LIVES IN THE MOTHER HOUSE AND TOLD THE OTHER THREE DAUGHTERS THAT SHE CAN STAY IN THE HOUSE UNTIL SHE WANTS TO SELL IT. THE WILL STATES THE ASSETS TO BE SPLIT EVENLY BETWEEN THE DAUGHTERS.CAN SHE JUST STAY IN THE HOUSE AND NOT SELL IT??DOES MARYLAND HAVE ANY LAW ON THIS MATTER?

Category: Wills and Estates
Subcategory: Probate
Date: 04/07/2025
State: Maryland

Answer:

When a person passes away, their assets are distributed through the probate process. If there is a valid will, an executor is appointed to manage the estate's distribution. The executor must follow state laws and the will's instructions.

In Maryland, the executor has a fiduciary duty to account for the management and distribution of the estate's assets. According to Maryland law, the executor must file written accounts with the court, detailing transactions involving the estate (Md. Code, Est. & Trusts § 7-301). This includes the value of the property, receipts, and any sales or distributions made.

The will specifies that the assets should be split evenly among the daughters. While the executor can live in the house, they cannot indefinitely delay selling it if it prevents the fair distribution of assets to the other daughters. If the executor fails to act in accordance with the will or state law, they may be removed and held liable for any resulting damages (Md. Code, Est. & Trusts § 7-403).

For specific legal advice, it may be beneficial to consult with an attorney familiar with Maryland estate law.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long does a will stay in effect after death?

A will remains in effect until the assets of the estate are fully distributed according to its terms. In Maryland, the probate process must be initiated after death, and the will is typically validated by the court. Once the estate is settled and assets are distributed, the will no longer has legal effect.