A man dies leaving two grown children to settle his debts and estate. there is no will nor a surviving spouse. The younger sibling and his family is still living in the dease's house and the older sibling wants to be appointed executor of the estate. Can the appointed executor of the estate make decisions or even be approved to be the executed without the other siblings approval/consent?
Whoever the court appoints to settle the estate has authority over the deceased's property and the duty to gather the property, pay the bills and distribute the estate according to the Will or, if there is no Will, the state's laws of inheritance.
Some states allow the estate to be settled independent of court supervision if all the heirs agree, No state allows an heir to usurp the court's authority of apppointing someone to settle the estate.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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