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Can an executor transfer the decedent's property into their own name under a executor deed?
Wiki User
∙ 13y ago
You haven't included enough detail. Self dealing by a fiduciary is against the law.
The executor must be appointed by the court and then must follow the provisions in the will and state probate laws. The provisions in the will should include what to do with the real estate. In order for an executor to transfer title to real estate they must have that authority granted in the will. If the authority was not granted by the testator the executor must apply for a license to sell the real estate and before it grants the license to sell the court will examine the proposed transfer.
Wiki User
∙ 13y ago
Wiki User
∙ 11y agoAn executor must submit the Will to the probate court. Once appointed as executor by the court the executor must follow the provisions in the will. The debts of the estate must be paid before any property can be distributed. If the testator devised the real estate to the executor legal title will pass to her. If the property was not devised to the executor then the title to the property will pass according to the provisions in the Will and the provisions of state law. Remember that no executor has any authority until they have been appointed by the court. You should consult with an attorney who specializes in probate law.
An executor must submit the Will to the probate court. Once appointed as executor by the court the executor must follow the provisions in the will. The debts of the estate must be paid before any property can be distributed. If the testator devised the real estate to the executor legal title will pass to her. If the property was not devised to the executor then the title to the property will pass according to the provisions in the Will and the provisions of state law. Remember that no executor has any authority until they have been appointed by the court. You should consult with an attorney who specializes in probate law.
An executor must submit the Will to the probate court. Once appointed as executor by the court the executor must follow the provisions in the will. The debts of the estate must be paid before any property can be distributed. If the testator devised the real estate to the executor legal title will pass to her. If the property was not devised to the executor then the title to the property will pass according to the provisions in the Will and the provisions of state law. Remember that no executor has any authority until they have been appointed by the court. You should consult with an attorney who specializes in probate law.
An executor must submit the Will to the probate court. Once appointed as executor by the court the executor must follow the provisions in the will. The debts of the estate must be paid before any property can be distributed. If the testator devised the real estate to the executor legal title will pass to her. If the property was not devised to the executor then the title to the property will pass according to the provisions in the Will and the provisions of state law. Remember that no executor has any authority until they have been appointed by the court. You should consult with an attorney who specializes in probate law.
Wiki User
∙ 11y agoAn executor must submit the Will to the probate court. Once appointed as executor by the court the executor must follow the provisions in the will. The debts of the estate must be paid before any property can be distributed. If the testator devised the real estate to the executor legal title will pass to her. If the property was not devised to the executor then the title to the property will pass according to the provisions in the Will and the provisions of state law. Remember that no executor has any authority until they have been appointed by the court. You should consult with an attorney who specializes in probate law.
Wiki User
∙ 15y agoA life estate is extinguished upon the death of the holder of the life estate.
Wiki User
∙ 13y agoYes. Real property can be transferred by will as long as the will was properly probated.
Wiki User
∙ 6y agoA life estate is extinguished upon the death of the holder of the life estate. There is no executor involved in a life estate. You need to rethink your query.
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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.
My father died in 2003 and named a son as executor. Can his surviving spouse transfer ownership of their home to only one son and remove other son as a beneficary after her death?
If the property was owned by the parents with a right of survivorship then title passed automatically to the surviving spouse bypassing probate. In that case the property is the sole property of the surviving spouse. She can convey it to anyone she chooses or she can leave it in her will to whoever she chooses. That property is not under the control of the executor.
Can executor transfer property to estate account?
If they have been duly appointed by the probate court they have been granted the authority to settle the estate under the supervision of the probate court. They have the power to close accounts and manage an account for the estate.
Can property owned by a decedent be sold by anyone other than the heirs in the Will?
The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.
Can a property under probate be let?
Yes, property under probate can be rented or leased. The executor has the power to preserve the estate and this is one way of obtaining money to pay debts.
Can the benificaries who is under aged kick the executor out of the house?
The beneficiaries, particularly minors, do not have the authority to do so. The executor has the responsibility to take care of the estate. That includes the property and who lives there.
Can an executor place a house for rent that is still in probate?
This question has two potential answers depending upon whether the executor is the one renting the property or the beneficiary designated to receive it under the will is renting the property. If you mean rented by the executor, it may be at any time as soon as the will is probated and an executor is appointed to act. (Or an administrator if there is no will.) Most states have a statute taken from the Uniform Probate Code that gives the executor possession and control over every asset of the estate during administration of the estate even to the exclusion of beneficiarires who are designated to receive the property. During administration only the executor may rent it out, but the executor retains the discretion to decide if renting it is beneficial to the estate. Thus, even though an executor has the power to rent it out, he or she does not have to do so and cannot be forced to do do by a beneficiary unless a court orders it. If you mean rented by the ultimate beneficiary, the beneficiary cannot rent it out until the executor formally transfers the property from the estate to the beneficiary even if the will explicitly gives the house to that beneficiary. Once it is transferred, it is no longer part of the estate and the executor has no legal right to possession or control, therefore no right to rent it out or refuse to rent it out. The transfer to the beneficiary might have to wait until final settlement of the estate just to make sure that it does not have to be sold to pay for debts or expenses. On the other hand, if an executor is reasonably certain that it is not needed for that, the executor may in his discretion transfer the property before finalizing the estate. I believe it is best to transfer the house as quickly as possible during administration as long as it is clear that there are sufficient liquid assets to pay for everything. That way the executor is no longer responsible for the safety of the asset and he or she has a happy beneficiary.
Can a executor of an estate sell property without the permission of the heirs?
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.
Can executor make no effort to sell the inherited propriety?
You haven't provided enough details.Have the heirs requested that the executor sell.Was the executor instructed to sell in the will.Was a license to sell issued by the probate court.Is the estate settled.If the executor was ordered to sell and hasn't made arrangements to market the property then you should complain to the probate court to compel them to carry out their duty or ask they be replaced. If the probate process is completed and the executor was under no obligation to sell the property, title has vested in the heirs and they can sell the property.
In Virginia can the beneficiaries of a Will contest the transfer of property if it was done months prior to death of the owner?
In most states, the executor of the will can challenge any gifts given in the last two years prior to death. Yes, I believe the executor/ix would be obligated to challenge any transfers that it is believed was done under some type of undue or unfair influence of the recepient. However, not because the transfer just changed what the original beneficiary expected, wanted or thought they may receive. (Basically, the property was the decendants to do with as they wanted, until the time of death.)
Can an executor successfully agree to a relative NOT on the will receiving money?
No. Not unless that power was granted to the executor IN THE WILL. Any assets not specifically devised in the will are to be distributed as intestate property under the state laws of intestacy. Remember that the executor must be appointed by the court and settles the estate under the supervision of the court. Any misbehavior should be reported.
Is an executor of an estate the same as an beneficery?
NO. The executor of the estate is the person appointed by the court to pay the debts, distribute the property as directed in the will, file a tax return, etc. A beneficiary is a person who receives a gift under the will.
