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Can a executor of an estate sell property without the permission of the heirs?
Wiki User
∙ 9y ago
First, the executor must be appointed by the court. The executor must dispose of the estate assets according to the provisions in the Will. It is common for the power to sell real estate to be granted in the Will. If not, then generally, the executor must obtain a license from the court. In some states the executor has inherent power to sell real estate.
Generally, the executor does not need permission from the beneficiaries to act. They derive their authority by their court appointment and under state laws that vary from state to state.
Wiki User
∙ 9y ago
Wiki User
∙ 11y agoThe property belongs to the estate. The executor is responsible for the estate and any change to the property needs to go through them.
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How to sell a house after a parent dies?
You have to open an estate. The court will then appoint an executor. The executor will have the letter of authority that will, with the court's permission, sell the real property of the estate.
Why do you get a petition to administer estate?
A letter of administration allows the executor to represent the estate. It gives them permission to sell property, open safety deposit boxes and mail on behalf of the estate. Without them, there are lots of legal problems.
Can executor sell your property in Maryland?
An executor can only sell the property in the estate. If it is in the estate, it does not belong to you.
Can executor of the estate see the will without decedent's permission?
The executor of the estate is responsible for executing the will. They will have to get the will eventually. The decedent, being dead, cannot very well object to their seeing it.
Is an executor responsible for anything missing from an estate property?
The executor has the responsible to maintain the estate. That includes keeping the property safe.
Can you transfer a property that is willed to you in NY State without putting property in your name?
You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.
If in the will the estate is to go to all six children and one of them is the executor can he sell without the others approval?
The executor of the estate has the power to settle the estate. That includes the sale of property. He does have to justify all his distributions to the court.
When pertaining to estate property in the state of TX does one sibling have the right to repair remodel property without permission from other siblings?
You haven't provided enough detail. If the estate has been probated and all the siblings are now equal owners then the answer is no. He needs permission from the other owners. If he is the court appointed executor, the property is still in probate and the property is in need of immediate repairs to prevent damage then the answer is yes.
You inherited property with 4 others do you need to sign anything to ensure the property does not get sold without your knowledge?
No. The property cannot be sold without your signature unless it is still in the estate and the executor still has authority over it. An executor can sell the real estate if there was power granted in the will or if they request a license to sell real estate from the court. Once the estate has been settled, your signature is required to sell your interest in the property.
What happens if Habitat for Humanity builds a house on property where you are the executor of the estate?
Did they build on the property without the owner's permission? Was the land leased to them? Or are they the legal equivalent of squatters? I suppose if they built without any objection from the property owner and stayed there for the duration necessary to obtain a hostile easement, then you might be screwed.
Can a property from probate estate be rented out indefinitely?
The estate must be probated in order for legal title to the property to pass to the heirs. The property cannot be insured until there is a legal owner. You have no right to enter into a rental agreement unless you are the legal owner. Any contract you sign would be void and further, it would be fraudulent. The tenant has the right to know who the legal owner of the property is. Property from a probate estate cannot be rented out indefinitely. Property that is in a probate estate is within the sole possession and control of the executor but only until administration of the estate is completed. The executor is obligated to administer the estate promptly then distribute the property to the rightful beneficiaries. Since only the executor may rent out property that is in the estate and since the executor's authority over the property is only temporary, it goes without saying that an executor may not rent estate property out for an indefinite period of time.
Can you sue a person that has sold a house without checking with the executor?
Yes, you can certainly sue for that. The executor can go to the court and have the sale nullified. Only the executor can transfer the property of the estate.
