Executor Cannot Change Will

Summary

An executor in West Virginia must adhere to the wills directives and cannot change the will or transfer property to themselves if it is willed to someone else. The probate process must be completed, and the executor must sign the transfer documents. If the will grants the representative the power to sell or mortgage the property, they may do so, but it should benefit the estate. Consult a probate attorney for specific guidance.

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My boyfriend was left a house from his dad and his will say specifically the address left to in his name his sister is the main beneficiary and the executor I think can she change the will or can she legally put her name on the deed instead of his
Hello ****. Generally, an executor cannot change a will. If the house is specifically left to your boyfriend in the will, his sister, as the executor, is to follow the will's instructions. However, laws can vary. May I ask which state you're in?
So she can't go behind his back and put the deed in her name
Correct, ****. As an executor, she is legally obligated to follow the will's directives. It's generally illegal to transfer property to her name if it's willed to someone else. However, laws vary by state. Could you let me know your location?
West Virginia
Based on West Virginia law:
- The executor must follow the will's instructions.
- Changing the deed without consent from the beneficiary (your boyfriend) is generally considered illegal.
- If any issues arise, consult with a probate attorney for advice.
Does he have to have her there when he gets a new deed? Does she have to sign over the house to him?
In West Virginia:
- Your boyfriend doesn't necessarily need her present to get a new deed.
- As executor, she may need to sign documents transferring ownership, but it depends on specific circumstances.
- A local real estate or probate attorney can provide more specific guidance.
She told him the deed is coming to her house
That's interesting, ****. If the deed is being sent to her house, it's important to ensure it's transferred correctly. Is she planning to give it to him or is there a reason she's the one receiving it?
It just says on will the address is left to him ...
In West Virginia, the executor should follow the will. If it states the address is left to your boyfriend, the deed should be transferred to him. If there's any misconduct, your boyfriend could consider legal action. It's advisable to consult a probate attorney.
So there nothing she can do if he goes behind her back and gets a deed made up
In West Virginia:
- If the will explicitly states the property is left to your boyfriend, he should be the rightful owner
- Getting a new deed without his sister's interference is possible
- However, it's recommended to consult with a probate attorney to ensure everything is done correctly.
I talked to a clerk bout the situation they said he can do it without her being there
That's good news, ****. Just to clarify, did the clerk mention any specific process or paperwork your boyfriend needs to follow or fill to get the deed without her presence? Answer: It would help to know any additional details.
Nope just said that he can go to an attorney and get a new deed made up just need the will n then get it notarized
That's great, ****. In West Virginia:
- Your boyfriend can get a new deed with the will and a notary.
- It's wise to consult a probate attorney to ensure all steps are followed correctly.
- Remember, each case can be unique, so professional guidance is crucial.
Problem is he don't believe me he believes her ....if a deed ain't done after so long what happens
In West Virginia:
- If a deed isn't done, the property stays in the decedent's name.
- This might complicate matters down the line, like selling or refinancing.
- It's crucial to get the deed transferred to avoid potential legal issues.
Does it coast anything to get a deed
In West Virginia:
- There might be costs associated with preparing and recording a deed, such as attorney's fees and recording fees.
- Costs can vary, so it's best to consult with a local real estate or probate attorney for specifics.
Sister says she getting the deed is that possible when house ain't left to her?
If the house wasn't left to her in a will or she's not a joint owner, she generally can't get the deed. However, situations vary and laws can differ by location. Can you provide your location for more accurate information?
West Virginia
In West Virginia:
- If the house wasn't bequeathed to the sister in a will, she generally cannot obtain the deed.
- If she's not a joint owner, she typically can't get the deed.
- However, she could potentially become the owner if she initiates and wins a partition lawsuit.
- It's advised to consult with a probate attorney for specific advice.
It only say it goes to my boyfriend...not her is say if he sells them she gets some money out of it
Based on your location, West Virginia:
- If the will says the house goes to your boyfriend, he gets the deed.
- If it mentions she gets money if sold, this should be respected.
- Engage a probate attorney to clarify legal obligations.
So the old deed shouldn't be sent to her either then
In West Virginia:
- Only the person named on the deed should receive it.
- If the will states the house goes to your boyfriend, the deed should be in his name.
- Legal counsel is advised to navigate this process.
I mean the old deed with his dad on it can she get a copy sent to her
In West Virginia:
- The deed is a public record. Anyone can request a copy from the county recorder's office.
- She can get a copy, but it doesn't give her ownership rights.
Consult a probate attorney for specific advice.
So she can't do say I'm not giving you the house because you argued with me....
In West Virginia:
- Generally, personal disagreements don't influence property rights.
- If the will states the house goes to your boyfriend, she can't withhold it.
- Consult a probate attorney for further advice.
So no matter what she can't do nothing it goes to my boyfriend no matter what...
Based on West Virginia law:
- If the will clearly states the house goes to your boyfriend, then it should be his.
- Personal disagreements should not affect legal property rights.
- Consulting a probate attorney is still recommended.
So if it says my residence of * John Brown farm Court goes to and then says his name with a period that saying it is his
In West Virginia:
- If the will specifically states "my residence of * John Brown farm Court goes to [boyfriend's name]", then the property should be transferred to him.
- It's still advised to consult a probate attorney to ensure proper procedures are followed.
One last thing can be go ahead and get the deed made before she signs papers to transfer
Hello ****, you can prepare the deed in advance, but it only becomes legal when all parties sign and notarize it. Can you please tell me in which location this is taking place, so I can provide more accurate information?
West Virginia
Based on your location, here are few points to consider:
- In West Virginia, a deed is valid once signed and delivered.
- A notary public must witness the signing.
- Always consult with a real estate attorney before proceeding.
Please note, this is basic information and not legal advice.
So if house is in probate and his sister the main beneficiary executor hasn't signed papers work transfer can he still do the deed
In West Virginia, the executor needs to sign off on property transfers. Until probate is finalized and the executor signs the transfer documents, you may not be able to complete the deed. Consult with a probate attorney for more accurate advice.
So the house is in probate right now and I don't know if she's signed any transfer things for property but does that stop him from doing the deed now
In West Virginia, the deed cannot be finalized until the executor signs the transfer documents and the probate process is completed. This may prevent him from finalizing the deed at this time. Please seek advice from a probate attorney.
How will he know when probates done
The probate process typically concludes when the executor sends a final distribution letter to all beneficiaries. The court also issues a document called "Decree of Final Settlement". He should stay in contact with the executor or probate court in West Virginia.
So he can't get the deed made yet then if the house is still in probate
That's correct. The deed can't be finalized until the probate process is completed and the executor signs the transfer documents. An attorney can provide more specific guidance in this situation.
But once probate is done then he can make a deed without his sister involved
Yes, once the probate process is completed, he should be able to have the deed made without involving his sister, as long as he is the beneficiary. However, I recommend consulting a local probate attorney to ensure all steps are done correctly.
He is the second beneficiary
Being the second beneficiary might affect his ability to transfer the deed without his sister's approval. It depends on the details of the will. Has it been specified in the will about the distribution of this property?
?
If the will does not specify the distribution of the property, usually the executor, guided by probate laws, makes the decision. However, it is best to consult with a probate attorney for a more accurate understanding.
Oh it says it goes to him
If the will specifies the property goes to him, he should be able to transfer the deed once the probate is completed. However, I recommend verifying this with a probate attorney in West Virginia to avoid any legal complications.
Can a personal representative take the house
In West Virginia, a personal representative can't take the house unless it's specified in the will or if all beneficiaries agree. It's recommended to consult a probate attorney to understand the specific details of your case.
Can a personal representative take out loans on the house
In West Virginia, a personal representative can't take out loans on a property in probate without court approval. This is a complex issue, and you should consult a probate attorney for detailed guidance.
It says personal representative to borrow and or pledge or mortgage property as collateral
If the will authorizes the personal representative to borrow or mortgage the property as collateral, then they may have the ability to do so. However, I strongly recommend consulting with a probate attorney in West Virginia to understand the full implications and legal procedures involved.
F it says to sell or grant options of estate the representative can sell house
If the will allows the representative to sell or grant options of the estate, they may have the power to sell the house. However, it's crucial to consult with a probate attorney in West Virginia to ensure all legal procedures are followed.
It also says representative can borrow on estate
If the will specifically allows the representative to borrow against the estate, they may have the right to do so. Nonetheless, it's important to consult with a probate attorney to understand the complete legal implications. West Virginia law may have specific stipulations about this.
But can the representative take the house if not left in her name
In West Virginia, if the house is not left to the representative in the will, they typically cannot take it. But, the will's specifics and probate laws are key. Please consult a probate attorney for clarity.
Says can sell or grant don't that mean representative can sell the house even if it ain't left to them
In West Virginia, if the will grants the representative the power to sell or grant options of the estate, they could potentially sell the house, even if it's not left to them. However, such transactions should benefit the estate. It's crucial to consult a probate attorney.