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Can an executor or trustee sell the property of the person who inherited the property?
Wiki User
∙ 12y ago
It all depends on the provisions in the will.
If (1) the "heir" is a beneficiary of a testamentary trust; and, (2) the "heir" "inherits" the property through a distribution from or of the trust res by the trustee, and, (3) the provisions of the trust instrument or will provide that the trustee has the power to do so; and, (4) the rights of the beneficiary terminate with the exercise of this power by the trustee as provided for in the trust instrument or will, then yes.
Wiki User
∙ 12y ago
Wiki User
∙ 7y agoThe answer depends on the provisions of the Will and the Trust. An executor can be granted authority to sell the real estate in the Will. If the property passed to a trust the trustee generally has the authority to sell real estate. You should seek advice from an attorney who specializes in real estate and probate law who can examine the Will and Trust and explain your options.
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Can the executor sell property without all beneficiaries approval in New York state?
No, the executor cannot sell property that is in a trust.First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.
Do you have to appoint a trustee if you have an executor?
No, an executor manages a person's estate after they pass away, while a trustee manages assets placed in a trust. If there is no trust established, there is no need to appoint a trustee. However, if a trust is part of the estate plan, a trustee will need to be appointed.
How do you find out who the executor is of a revocable trust is?
A revocable trust has a trustee not an executor. If you want to know something about the trust you would need to ask the trustor. The trustor is the person who created the trust to hold title to their property.
Can you buy a property of a deceased person that has no executor?
You have to buy the property from someone. And the only person that can sell it is the executor.
Of a person has no property is an executor needed?
No
How long does an executor of a trust have to disburse the money to an heir?
An executor is the term used for the person who has been appointed by a court to settle an estate. The person who can act for a trust is called the trustee. You should review the terms of the trust for provisions as to when the trust property must be distributed. If you think the trustee is not distributing the funds in a timely manner you should file a complaint with the court where the estate or trust was filed.
Would an executor's fee calculation include monies from a revocable trust that has a trustee other than the estate's personal representative?
Generally no because property placed in a revocable trust is not part of a person's estate.
In a Trust what is the Trustee and Trustor?
The trustor is the person who executes the trust and transfers their property to the trustee. Since a trust cannot act for itself, the trustee is the entity named by the trustor to manage the property held by the trust. The trustee holds title to the trust property.
Who protects a deceased person's property?
The executor of the estate.
Can a person who is not the executor sell property?
Not if the property does not belong to them. Only the executor is authorized to sell the property of the estate. For anyone else to do so could be considered theft.
Who appoints the trustee for the irrevocable trust?
The person who creates the irrevocable trust is the one who appoints the trustee, because it is his or her trust. It is similar to the right of a person to name an executor in a will. The creator of the trust, sometimes called the settlor, has the right to choose a person he trusts (hence the name "trustee") to handle the property in the trust and to carry out the terms of the trust. In the event that the trustee(s) named in the trust instrument are unable for any reason to perform their duties, the named successor trustee will assume the duties. If no successor is named the probate court can appoint one.
What is a person sent with the power to act for another?
power of attorney, executor, or executrix
