[justbehonest]

According to the "probated" will, an executive was appointed. The accounting of the estate has been filed and the debts paid. The issue is that the will has not been executed. The executor wants to remain in charge until the realestate property is sold because her son is renting the house. The real estate (home) is already in the (3) children's name accourding to the county. Why would she still be in charge? Shouldn't everything be distributed and the "3" home owners share responsibility and have equal say? Thanks

[ebaines]

The executor wants to remain in charge until the realestate property is sold because her son is renting the house. The real estate (home) is already in the (3) childrens name accourding to the county

I take it that the will left this property to the 3 children, that the title has been changed from the deceased's name to the 3 children as joint tenants (is that "joint tenants with rights of survivorship," or "tenants in common?" It makes a difference in terms of how the house can be sold), and they now plan to sell it, correct? I assume that the executor is NOT one of the 3 children - is that right? And your concern that there are other assets in the estate that the executor has not yet distributed? If all debts are paid off and there are no estate tax filings to make then the remaining estate assets should indeed be distributed in accordance with the will.

[AK lawyer]

... the issue is that the will has not been executed. ...

The will was executed at the moment the deceased (person who signed the will) signed it. So it's unclear what you mean by this. Do you mean that the administration of the probate estate has not been completed?

...The executor wants to remain in charge until the realestate property is sold because her son is renting the house. The real estate (home) is already in the (3) childrens name accourding to the county. Why would she still be in charge? Shouldn't everything be distributed and the "3" home owners share responsibility and have equal say? Thanks

...The executor wants to remain in charge until the realestate property is sold because her son is renting the house. The real estate (home) is already in the (3) childrens name accourding to the county. Why would she still be in charge? ...

She isn't. If the title to the real property has been transferred to the three children, how does the executrix propose to be "in charge"? She has no say regarding what will be done with the property.

... Shouldn't everything be distributed and the "3" home owners share responsibility and have equal say? Thanks

There may be reasons everything other than the real estate can't be distributed yet. But as far as the real property which has been distributed, the three don't exactly have "equal" say. All three basically have to agree if it's going to be sold. And if one of them wants to do something else with it, rent it to someone for example, that person could do so probably, in which case things can get complicated.