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There are certain circumstances under which an attorney may sell property that was specifically devised to a beneficiary. If the debts of the estate are greater than the assets, the assets must be sold to satisfy the debts. If the legacies are greater than the estate assets then some of the property may have to be sold in order to pay the legacies on a pro-rated basis. All the beneficiaries will get a little less, equally.
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∙ 15y ago
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Can a beneficiary sell the estate?
A beneficiary does not have the right to sell the estate. Only the executor can sell property.
In North Carolina can someone besides the executor of the will put the land up for sell as long as they are a beneficiary?
Real property can only be sold by the executor of the estate. A beneficiary is not allowed to sell the property.
Can you change a mortgage to your mother's name?
Consult a lawyer on this. You can sell a property to your mother.
What can an heir to an estate do when your sibling is executor and has not distributed personal property or attempted to sell property as outlined in the will in Texas It has been 3 years?
Get a lawyer and sue to "Partition to sell" said property.
Do i need executors permission or probate to sell my share of inherited property?
You have to have the rights in the property before you can sell them. Being a named beneficiary does not give you the right to transfer title, though you could quit claim your rights.
Can the beneficiary's tell the executor how much to sell for in NJ?
Not really. The property has to be sold for fair market value. There is some latitude if the assets exceed the debts of the estate. Or the beneficiary's can agree to a lessor price if it is being sold to another beneficiary. Often siblings will let another sibling buy them out of the property for a lower price.
If you are one of four beneficiaries of a willed property can you sell your share of the estate to a lender?
Unless the title transfer had restrictions on it, such as a survivorship clause, yes, it can be sold.
Is it legal for a parent to sell property that was willed to his minor children from their grandpa and give the money to the named children?
The parent holds the rights to the property in trust for the child. They can sell the property and place the money into trust. When the child comes of age, or there is need to use the money, it can be put into use for the child's welfare.
Is it legal for a parent to sell property that was willed and bequeathed to his minor children from their grandpa and then keep the proceeds without giving the money to the named children?
In short, no. Consult an attorney.
Can a executor ask a beneficiary to move out of the house?
Yes, they can ask them to move out. The property belongs to the estate. The executor can sell the property or transfer its ownership as directed by the will or the court.
Can I sell my home if it is willed to another person?
If the person whom the house has been willed to has no problem with you selling it, I don't see why not.
How can family property be sold if on child refuses to sell When parents leave land to all 8 children can we legally sell if one child won't agree to sell?
No. Talk your lawyer.
