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What do you do when a property is in an estate and one of the beneficiaries quit claims it to themselves with the consent of the executor?
Wiki User
∙ 10y ago
It is likely that the deed is invalid. There are statutory requirements to transfer legal title to real estate from the estate of a decedent. The estate must be probated for legal title to pass to the heirs. You should contact the attorney who is handling the estate or consult with a probate attorney if an estate has not been filed with the probate court.
Wiki User
∙ 10y ago
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In state of tn can executor sell real property without the consent of all beneficiaries?
The answer is a frustrating one...it depends. In Tennessee, real property transfers immediately at death to the heirs-at-law or beneficiaries as named in a valid unrevoked will. In most cases, it is necessary to obtain the consent/signatures of all heirs or beneficiaries to the real estate under the will before it can be sold. However, it is possible to petition the court to bring that real property into the estate and thus under the control of the executor. It would wise to consult with an attorney in your county that regularly practices in the area of estates and probate in order to assist you with this matter.
If one sibling does not want to sell deceased parent estate can the agreed siblings sell without his consent?
It will depend on the terms of the will, which may include the executor's right to exercisediscretion when differences arise between the benficiaries.You need to consult the family lawyer who's handling the estate.
Life estate put in more then one name can home be sold?
A property that is encumbered by two life estate cannot be sold or refinanced without the written consent of the life estate holders.
WHAT IS THE Consent of surety company for final payment?
The consent of surety to final payment is issued by the surety company at the end of a project. The consent states that the owner reserves their right under the bond and the surety company agrees the final payment will not relieve them of any of its obligations.
What is Concent of Surety?
A Consent of surety is a written consent on a performance and/or payment bond to any contract changes such as, but not limited to, change order, reductions in the retainage or final payment.
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.
In state of tn can executor sell real property without the consent of all beneficiaries?
The answer is a frustrating one...it depends. In Tennessee, real property transfers immediately at death to the heirs-at-law or beneficiaries as named in a valid unrevoked will. In most cases, it is necessary to obtain the consent/signatures of all heirs or beneficiaries to the real estate under the will before it can be sold. However, it is possible to petition the court to bring that real property into the estate and thus under the control of the executor. It would wise to consult with an attorney in your county that regularly practices in the area of estates and probate in order to assist you with this matter.
Can you transfer a property that is willed to you in NY State without putting property in your name?
You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.
Can the executor of an estate borrow against the estate with the informed consent of all beneficiaries?
Yes, as long as all beneficuiaries agree. It is a simple loan agreement.
Can the executor of the estate transfer ownership of home to executor with consent of living owner?
You can't be the executor of an estate if the individual is still living. Property transfers are done the same as any other time.
How can an executor change an amount authorized?
If you mean how can an executor change an amount of money to be given to a particular beneficiary, the only way is by consent of all beneficiaries who would be affected by the change. And even if everyone consents, there may be situations where even that would be prohibited.
Can a sibling claim themselves as executor of your parents estate without your consent if there isn't a will?
They can't claim to be the executor, they have to be appointed by the court, otherwise they have no legal standing to do anything with the estate. And you have the right to object to their being appointed executor.
Can executor sell personal property?
The sale should have court approval. The executor needs to request a license to sell from the court and will need to disclose the name of the buyer and the price. The beneficiaries will be notified of the petition for a license and will have the opportunity to object. If you have objections you must make certain you appear on the day proclaimed in the notice. The court will hear objections and render a decision on whether to issue the license to sell or not.
Does the executor of the will have the right to rent the property to a 3rd party without all heirs concent?
The executor has the duty to preserve the estate in all aspects, including making money for it. The heirs' consent is not necessary.
Can an executor sell property owned by a minor in Tennessee?
No, an executor cannot sell property owned by a minor in Tennessee without proper authorization from the court or the minor's legal guardian. The sale would need to be approved by the court or the guardian to ensure the minor's best interests are protected.
Can the executrix of an estate in the state of nc dissolve the estate without the consent of the beneficiaries?
The executrix is responsible to distribute the assets according to the will or the laws. The consent of the beneficiaries is not required.
Can the executrix of an estate dissolve the estate without the consent of the beneficiaries?
Certainly, as long as the court accepts the disposition of the property and the settlement of debts. Consult a probate attorney in the state in question.
