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Can an executor sell a property in a living trust against the wishes of the minor children?
Wiki User
∙ 11y ago
The minor children have no standing to protest. Their guardian would have to object.
Wiki User
∙ 9y ago
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Can the executor of the estate transfer ownership of home to executor with consent of living owner?
You can't be the executor of an estate if the individual is still living. Property transfers are done the same as any other time.
Can a surviving parent be executor if there are living children?
Yes, that is very common. The spouse is typically the executor of the estate.
Can the executor remove an occupant living on the property?
Yes, they can make arrangements to do so.
I lived with my mother for 33 months prior to her death as her caretaker and paid all household expenses. Can an executor claim back rent from me?
No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.
Can the executor not sell a house that is in a living trust willed to three people other than themselves?
This question has so many mixed and conflicting terms, that it is difficult to even understand the question, much less provide an answer. This answer will assume the probable situation that creates this question. I assume that the "property" that has been "willed" to 3 people is part of a living trust created by the decedent during his lifetime. If the decedent transferred this property to a living trust, the executor has no power at all to sell it. This is because the executor has power over property belonging to the decedent. This property is owned by the living trust, therefore, beyond the authority of the executor. Once the decedent transferred the property to the trust, the trust became the legal owner just as if the decedent had transferred the property to another person. Since the decedent no longer owns the property, he has no more power to "will" that property to anyone than I have to will your property to someone. Unless the trust provides that upon his death the property goes into his own estate the executor is powerless to sell to anyone. But this would be extremely unlikely, because the purpose of the living trust is to keep that property out of the decedent's estate.
Will named you as executor but living trust for the house has no executor named Am I still the executor?
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
What rights do you have to your deceased grandma's property?
If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.
Deceased partner living in house rent free deceased children own house do we still have landlord rights?
What did the will say? Is there a will? The executor is responsible for maintaining and disposing of the estate. The executor can, if it makes sense, rent the home to someone. Once the estate is settled, whomever gets the property has the ability to do what they wish.
Can an executor of a will charge rent utilities and sewerage and taxes?
Yes, the executor can charge some living on the estate property rent and utilities. They are responsible for the assets, which includes the property and any income it can generate. The assets will then be used to settle debts and be distributed according to the will.
Can a person who was living with your dad prevent his children from being appointed executor of his estate?
In general, a person living with your dad does not have the legal authority to prevent his children from being appointed as executor of his estate. The appointment of an executor is typically determined by the person's will or by law if there is no will. Family members are usually given priority in being appointed as executors. It is advisable to consult with a legal professional for specific advice regarding this situation.
Can a Surrogates Court judge rule to evict a disabled heir?
The executor is responsible for the estate and its assets. They can evict people living on the property.
Can the executor of a living trust refuse to pay money to beneficiaries even though all debt has been paid and there is still property to be sold?
A trustee manages the property in the trust. An executor manages the property owned by a decedent at the time of their death. You need to review the trust document to determine what the trustee must do with the trust property now that the settlor has died.
