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Can property owned by a decedent be sold by anyone other than the heirs in the Will?
Wiki User
∙ 11y ago
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.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoThe only party who can transfer the ownership of real property is the legal owner. In fact, When a decedent owned real property at death their estate must be probated in order for legal title to pass to their heirs. The only parties who can legally sell the property are the heirs, after the estate has been settled, or the executor with the proper authority under the Will or granted by the court.
The only party who can transfer the ownership of real property is the legal owner. In fact, When a decedent owned real property at death their estate must be probated in order for legal title to pass to their heirs. The only parties who can legally sell the property are the heirs, after the estate has been settled, or the executor with the proper authority under the Will or granted by the court.
The only party who can transfer the ownership of real property is the legal owner. In fact, When a decedent owned real property at death their estate must be probated in order for legal title to pass to their heirs. The only parties who can legally sell the property are the heirs, after the estate has been settled, or the executor with the proper authority under the Will or granted by the court.
The only party who can transfer the ownership of real property is the legal owner. In fact, When a decedent owned real property at death their estate must be probated in order for legal title to pass to their heirs. The only parties who can legally sell the property are the heirs, after the estate has been settled, or the executor with the proper authority under the Will or granted by the court.
Wiki User
∙ 11y agoThe only party who can transfer the ownership of real property is the legal owner. In fact, When a decedent owned real property at death their estate must be probated in order for legal title to pass to their heirs. The only parties who can legally sell the property are the heirs, after the estate has been settled, or the executor with the proper authority under the Will or granted by the court.
Wiki User
∙ 11y agoThe 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.
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Can other heirs take a home if your name is on the deed?
You need to add more details.If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.You need to add more details.If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.You need to add more details.If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.You need to add more details.If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.
Do the contents of a house have to go through probate if the house was left to you in a Life Estate Deed?
You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.
Do other heirs need to sign if you sell the property?
The decedent's estate must be probated in order for the heirs to have legal title to the real estate. All the heirs must sign the deed. If you want to sell the inherited real property the attorney who handles the estate can advise you.
Can someone among the heirs transfer deeds since other died but his spouse alive since the property not transfer?
If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.
Must home be sold to pay estate debt?
If there are no other funds then the property must be sold to pay debts. The debts of the decedent must be paid before any property can be distributed to the heirs. If the heirs want to keep the house then they must get together and pay the debts.
Are heirs individually responsible for mishandling estate?
The heirs aren't the persons with the authority to "handle" an estate at all. If a person died owning property their estate must be probated, an estate representative must be appointed and the debts of the estate must be paid before any property is distributed to the heirs. Probate laws govern the distribution of a decedent's estate regarding creditors and heirs. If the court appointed estate representative mishandles the estate they are held personally responsible. If heirs convert assets to their own use, with or without the appointment of an estate representative, the "heirs" are held personally responsible and may find themselves in court for taking the decedent's property and not paying the creditors and/or the other heirs.
Is the beneficiary of a will entitled to a share of the decedent's jointly-owned property?
It depends on what the will states. If the will states that you are the sole beneficiary of all of the decedent's property, you will receive whatever share the decedent owned of the jointly-owned property. The decedent's share of the property will become your share. If there are other beneficiaries and the division of ownership is not specified in the will, the decedent's share of the jointly-owned property will be divided equally amongst the beneficiaries. If the will states a specific division amongst beneficiaries (e.g. 1/2 interest to John Doe, 1/4 interest to Jane Doe and 1/4 interest to Bob Doe), then the decedent's share of the jointly owned property will be divided amongst the beneficiaries accordingly. But, the quick answer to your question is that just because someone else who is still alive has a share of the decedent's property doesn't mean that the entire property reverts to that alive shareholder. The decedent's interest in the property will go to his or her heirs in the same proportion that the decedent owned the property when he or she was alive.
Can an executor of an estate remove heirs from a property that is designated to be sold in the will if those heirs have paid the property taxes?
Yes, if the property was owned by the decedent and the Will provides that it be sold. In that case, the executor must carry out the provisions in the Will unless the provision is changed by a court order. It is assumed that there are other heirs besides the ones who paid the taxes on that property. The heirs who paid the taxes can file a claim against the estate for the amount they paid in taxes and they can offer to buy the property from the estate if they wish to keep it. They should speak with the attorney who is handling the estate.
What if you owed money to a decedent but you are one of two heirs and the other heir is living in the decedent's house?
If the debt is evidenced by a promissory note or some other proof of how much you owe the decedent then the debt is owed to the estate. The two heirs generally share equally in the estate. You two should negotiate an arrangement that takes into consideration the money owed and the benefit of living in the inherited premises. You should consult with the attorney who is handling the estate for help in executing a written agreement regarding the property. In order for title to real estate to pass to the heirs legally, the estate must be probated.
How is the probate estate maintained?
Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.
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.
If there is no money in the estate of deceased family member who is responsible for the credit card debt of the deceased?
If there is no cash in the estate, other personal property OR real property, the estate is said to be insolvent and the creditors are out of luck. However, the sole debts of the decedent must be paid from any property, real or personal, before that property can be distributed to the heirs.
