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Can the executor sell property without all beneficiaries approval in New York state?
Wiki User
∙ 9y ago
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.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoNo, 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.
Wiki User
∙ 12y agoYes, the executor is responsible for the estate and to the court, not the beneficiaries.
Wiki User
∙ 9y agoThe executor is not controlled by the beneficiaries. They have to follow the will and the law.
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Can the executor sell property in Massachusetts without all beneficiaries approval?
Yes, the only approval necessary is the court's.
Can the executor sell the property without all beneficiaries approval in South Africa?
The beneficiaries don't get to make the determination. As long as the court is satisfied, the executor can do so.
Can an executor sell a house in pa without all the beneficaries approving if the will states the executor has the right to sell any and all property but doesn't mention the approval of all?
The executor is responsible for executing the will. The approval of the beneficiaries is not a requirement.
Can the executor sell property without all beneficiaries approving in Virginia?
The executor of an estate always has the ability to sell property if allowed by the will. As long as the court agrees, the desires of the beneficiaries is secondary.
Can the executor in Wisconsin move property without all beneficiaries approving?
The exector's responsibility to the estate, not the beneficiaries. They are accountable to the court for executing the will and the laws.
Can executors fee be put on settlement statement without prior approval of all beneficiaries?
It depends on the specific laws and regulations of the region where the estate is being settled. In some cases, executor fees can be included in the settlement statement without prior approval of beneficiaries if the terms were agreed upon in the will or approved by the court. It is generally advisable for the executor to communicate and obtain consent from beneficiaries to avoid potential disputes.
Can a deed to the family home be transferred to the executrix who is also a beneficiary without the signatures of all the beneficiaries?
The beneficiaries do not have the ability to transfer property. The executor can deed the property to whomever it is being sold or distributed to. The executor can also transfer the deed to the estate while determining disposition.
Can a beneficiary stay at a property without paying rent to other beneficiaries?
They are not responsible to the other beneficiaries, they are responsible to the estate. It is up to the executor to make sure things are done fairly.
In Florida can the executer of estate sell property without the consent of the beneficiaries?
An executor must be appointed by the court. An executor can sell the property of the decedent, after the debts have been paid, if that power was granted in the will or if the court has issued a license to sell.
Can the executor sell property without all beneficiaries approval?
The answer depends on the laws of the state the probate is in, the terms of the will and the facts of the situation. First, what does the will say? It may say the executor has full power to sell in his/her discretion. In that case, the beneficiaries do not have to approve. If the will says nothing specific about a power of sale then look to the laws of the state. Every state has laws that spell out what executors can and cannot do. The laws of the state of probate might provide that an executor has to obtain a court order to sell the property. If it does, any of the beneficiaries might object to the sale when the executor applies for the order; however, the objector will have to prove the objections are valid.
Is a spouse of one of the beneficiaries of an estate permitted to remove tangible property from the home such as tools?
The spouse of a beneficiary has no rights to the estate. Removal of property without the executor's authorization could be prosecuted as theft.
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.
