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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.
What to do if you are the heir of a will with three other siblings?
If you are a heir along with three other siblings, you go to probate court and find out what is going on. One of you should be the executor or should be appointed administrator. Then you check to make sure that things are going along. If stocks and bonds are involved, it will probably be about 9 months before everything is finished.
The probate of my father's estate has been completed. The house is now owned by my three siblings and myself. Does the executor still have control over rental or sale of the house?
This would depend on whether the executor has left the property in your fathers name or if it has been transferred into your names.In the United StatesNo. Generally, equitable title to real property passes automatically to the heirs. In most states, the estate must be probated in order to perfect legal title in the heirs. Since the debts of the decedent must be paid before any property has been distributed there is always the possibility the real estate must be sold to pay debts. An executor can sell real estate only if they have been granted that power in the will or if a license to sell has been issued by a court. Once the probate process is concluded (after debts and taxes have been paid) the executor has no authority over the real estate. Record title does not need to be transferred to the heirs since probate is part of the public record of real property ownership. The property now belongs to you and your siblings. However, you can arrange to have a deed drafted in your own names.State probate laws vary. You should consult with an attorney who specializes in probate laws in your jurisdiction.
Can an executor of a will who is a husband of one of three heirs transfer property to himself as long as the othr two heirs get their part of the appraised value?
It is common for one heir to buy out the others on property. As long as everyone is in concurrence with the transfer, no problem.
Your boyfriends mother died 3 years ago and named his sister as executor of her estate. For the last three years his sister has been renting out the property. What should he do?
No one is a legal executor until they have been appointed by the court. Someone must submit the will to probate court so the estate can be probated. The sister has taken control without any authority. All the siblings likely have an equal interest in the property. Your boyfriend should consult with an attorney who specializes in probate law who can review the situation and explain the options. Legal title to real property cannot pass to the heirs until the will is probated. An attorney should be contacted ASAP.
If three siblings jointly own property in Colorado can one file chapter 13 bankrupty?
Sure. That persons 1/3 interest in the property weill be included in the BK filing though.
Did Sally k ride have siblings?
She had three siblings
If 3 siblings inherit their deceased parents' home and land do the 2 siblings who never moved out of the home have more rights than the third who lives elsewhere in Louisiana?
No. Unless there are other provisions in the Will the three siblings inherit their undivided interests as tenants in common. Each has the right to the use, profits and possession of the whole property. If the property is sold each will receive one-third of the net proceeds.
Did Alexander Fleming have siblings?
Yes he did three full siblings and four half siblings.
Can your brother who is the executor of your dads estate whilehe is in a nursing homemake you move out of the house you have been living in for 15 years and that is in the will to go to all three sibl?
You can't be executor of an estate if the individual is still living. However, the executor can make people move out of the house.
Did Aristotle have any siblings?
Aristotle had three siblings, Demetrius, Hermiala and Vermus
Does Welch have any siblings?
yes, she is the eldest of three and has several step-siblings.
