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What else can I help you with?
Do you need both a power of attorney and excutor of estate paper?
No. To handle an estate you need letters testamentary from the probate court.No. To handle an estate you need letters testamentary from the probate court.No. To handle an estate you need letters testamentary from the probate court.No. To handle an estate you need letters testamentary from the probate court.
Can an estate be put up for sale before probate and how long does probate of the will take in NJ?
Until the Letter of Authority has been issued, the property cannot be put up for sale.
Can probate court order the selling of real property?
Yes. In most jurisdictions the probate court (and other courts) has authority to handle matters concerning real estate. The most common situation in which the court would order the sale of real property would be a partition action.
Can a heir force an executor who is living probate house to take action on sale or to make payment of value of home to the heirs according to will while estate is in probate?
If the executor is acting in bad faith, certainly an heir could sue him for that.
Can the personal representative sell the deceased's house if the estate is still in probate in the state of Michigan?
Yes, if the sale is made according to state law. A court appointed personal representative must sell the property while the estate is "still in probate". After the probate procedure is completed the estate has been distributed and they no longer have any authority.
Can a home sell even if one of three children beneficiaries refuses to sign off on it?
The beneficiaries do not have to sign off on the sale. The executor has to have the judge sign off on the sale. The other party could purchase the home from the estate if they wished and the judge allows it. Consult a probate attorney for the process.
What if your grandfather leaves instructions in his will that a house is to be left to your father then you- and your father sells the house?
Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.
Does an executor have the right to a fee after probate on the sale of a property?
Yes, an executor is entitled to a fee for their services after probate, including the sale of a property. The amount of the fee can vary depending on the laws of the jurisdiction or the terms of the will, but typically, it is a percentage of the estate's value or the proceeds from the property sale.
How do children handle their deceased parent's properties?
They contact an attorney who specializes in probate law to settle the estate.They contact an attorney who specializes in probate law to settle the estate.They contact an attorney who specializes in probate law to settle the estate.They contact an attorney who specializes in probate law to settle the estate.
Foreclosure in probate?
me and my sister are in probate and faceing foreclosure because of miscommunication on the mortgage payments, what can we do?scared of losing mothers home.
Can you list home for sale and accept offer subject to probate?
This depends on several factors, being primarily a combination of the language of the applicable will (if any) and applicable probate code or laws. So the will (if any) and applicable probate code or laws must be examined. In a traditional probate case under court supervision, the representative (executor or administrator) will normally be required to seek court authority to list property for sale and then if and when a contract that is acceptable comes in, to seek court approval to proceed with the sale, or an order can be entered that could allow both liting and sale without further order if a purchase price comes in within a specified price range. In this kind of probate case, it may be absolutely necessary to make the contract for sale contingent upon probate court approval (within an agreed amount of time), to protect the representative and the estate from a situation where a court disapproves a sale. Most states also have one or another kind of "streamlined" probate procedure, sometimes called "summary" or "independent" administration, depending on other factors (although by law a will may still be able to prohibit it). Under this kind of administration, as long as the representative is acting within the standards set up by the code, then the representative may be able to proceed with a listhing and sale without court approval and simply report the sale to the court at the prescribed time. Even so the representative can usually still ask the court for instructions on a particular matter, in which case the court's decision governs. Again, the will, if any, and applicable probate code and laws must be examined. There may be additional factors that mandate "supervised" administration of a particular property.
Would the executor write the cheque out from sale of the house?
The executor is responsible for the sale of the house. They have a letter of authority from the probate court. That allows them to write checks and settle the estate.
