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In most cases the executor of a will by law has to liquidate all nonexempt assets to pay creditors. State probate laws determine which property can be sold to pay the deceased's debts. If it is thought an executor is mishandling an estate, the concerned party should seek legal counsel.
Wiki User
∙ 19y ago
Wiki User
∙ 11y agoIf it is necessary, they have the authority. They have to liquidate all of the debts first of all.
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What if the executor does not want to sell a house in the will?
There is no problem if the debts of the estate have been paid and the executor is the sole heir. However, if there are other heirs who want to sell the property and take their share of the proceeds the executor must buy out the interests of the other heirs. Otherwise, the heirs are entitled to a sale of the property and can file a petition for partition if the executor will not act.
What can you do when all heirs to an estate are willing to sell the property except for one and he is the executor of the estate?
The executor is the person responsible for the estate. That includes making sure the property is sold for a proper amount.
Can an estate sell real estate in Florida or do the individual heirs have to sell it?
The executor has the ability to sell the property. It is subject to court approval. They can also transfer the property to the beneficiaries. In which case they can then sell it.
Can executor sell your property in Maryland?
An executor can only sell the property in the estate. If it is in the estate, it does not belong to you.
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.
Can a executor of an estate sell property without the permission of the heirs?
First, the executor must be appointed by the court. The executor must dispose of the estate assets according to the provisions in the Will. It is common for the power to sell real estate to be granted in the Will. If not, then generally, the executor must obtain a license from the court. In some states the executor has inherent power to sell real estate. Generally, the executor does not need permission from the beneficiaries to act. They derive their authority by their court appointment and under state laws that vary from state to state.
Can executor make no effort to sell the inherited propriety?
You haven't provided enough details.Have the heirs requested that the executor sell.Was the executor instructed to sell in the will.Was a license to sell issued by the probate court.Is the estate settled.If the executor was ordered to sell and hasn't made arrangements to market the property then you should complain to the probate court to compel them to carry out their duty or ask they be replaced. If the probate process is completed and the executor was under no obligation to sell the property, title has vested in the heirs and they can sell the property.
Can a beneficiary sell the estate?
A beneficiary does not have the right to sell the estate. Only the executor can sell property.
How long does an executor of estate have to sell home in the will to be split between heirs?
There is no set time frame. They are required to do their best to get the most value for the property as possible.
Can property owned by a decedent be sold by anyone other than the heirs in the 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.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.
Can a piece of land be sold by the executor if it is to go to the heirs and does not include the executor?
The executor is responsible to the estate and must find money to pay all debts before distribution. They may sell property if necessary and approved by the court.
What if the heirs do not have money to pay probate and the estate is only real estate?
In order to transfer the real estate, they will have to have an estate and someone with authority to sell the property. The executor could take a loan out against the property to resolve the debts or to cover costs until sale.
