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In general, an administrator can lease out property without the consent of the heirs if they have been granted the authority to do so by the probate court. This power typically allows the administrator to manage the estate's assets in a way that benefits the estate and its beneficiaries. However, specific laws and circumstances may vary by jurisdiction, so it's important to consult local probate laws or seek legal advice for precise guidance.
What else can I help you with?
Can heirs borrow money on property that father has lifetime right to?
Yes, provided that the father gives his consent in writing. He would have to sign the mortgage.
Does the bank sell a reverse mortgage home on owners death?
Yes, unless the mortgage is paid off by the heirs if they want to keep the property.Yes, unless the mortgage is paid off by the heirs if they want to keep the property.Yes, unless the mortgage is paid off by the heirs if they want to keep the property.Yes, unless the mortgage is paid off by the heirs if they want to keep the property.
Can a trustee get a loan on the property held in trust to pay off heirs?
Trustee is not the owner of the property and hence he will have no right to sell the property held under trust.
If your deceased father had a home equity loan are the heirs now responsible for paying it off?
The heirs are not legally responsible for paying the loan. However, if they want to keep the property the loan must be paid or the lender will take possession of the property by foreclosure.
Are heirs responsible for mother's mortgage in Texas?
Although the heirs are not responsible for their mother's debts her estate is. That means that her debts must be paid from the estate before any distribution is made to the heirs. If the mortgage isn't paid the bank will take possession of the property and sell it. If there is a deficiency it may go after any remaining assets owned by the decedent. The heirs may need to arrange to sell the property to pay off the mortgage.
When the administration is closed can the administrator sell property?
No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.
Can 1 heir sell property out of five in Ohio?
Yes, in Ohio, if there are multiple heirs to a property, one heir can sell their share without the consent of the other heirs. Each co-owner has the right to sell or transfer their interest in the property without approval from the other co-owners.
Can heir property be sold if taxes are not paid without all heirs signing off?
In general, heir property cannot be sold without the consent of all heirs, even if taxes are unpaid. Each heir has a legal interest in the property, and selling it typically requires unanimous agreement. However, if taxes remain unpaid, the local government may initiate a tax lien sale or foreclosure process, which could result in the property being sold without all heirs' consent. It's advisable for heirs to seek legal counsel to understand their rights and options in such situations.
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.
How does property transfer after an administrator is appointed?
The Administrator must petition the court for a license to sell the real estate if the real estate is to be sold. If the heirs at law will be keeping the property the probate proceeding is a public record and it documents the transfer of the property to the heirs. You don't need to do anything else. When the heirs decide to sell the property they can execute a deed with their names as grantors and cite the probate case as their source of title.
Can the arbitrator of an estate also be the administrator of the estate?
The Administrator can arbitrate the distribution of property in the absence of a Will or for property not mentioned in the Will. However, if their plan is not agreeable to the heirs they may ask a judge to render a decision.
If I pay taxes on property that has other heirs can I sell this property without their knowledge?
Generally, if you co-own property with other heirs, you cannot sell it without their knowledge and consent, as all owners have a legal interest in the property. Selling a property typically requires the agreement of all parties involved, unless you have a legal provision or agreement that allows you to do so. Additionally, the other heirs may have rights to the property that cannot be ignored. It's advisable to consult with a legal professional to understand your specific situation and the implications of selling shared property.
Estate administrator over pricing property so it does not sell?
If you think the administrator is not performing their duties to the best advantage of the estate and heirs you can report the situation to the court and request a ruling or the removal of the administrator if necessary.
How would the administrator of an estate get a clear title of the house?
I assume you mean how do they acquire title to the real estate in their own name.In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.I assume you mean how do they acquire title to the real estate in their own name.In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.I assume you mean how do they acquire title to the real estate in their own name.In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.I assume you mean how do they acquire title to the real estate in their own name.In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.
Can the administrator of an estate sell property without the heirs permission?
The Administrator doesn't need the heirs' permission per se. Generally, an Administrator needs to petition the court for a license to sell the real estate. The heirs will be given notice of the petition to sell and will have the opportunity to object. If all the heirs want to keep the real estate the Administrator has no need to sell unless there are debts to pay. The debts must be paid before any assets can be distributed to the heirs. You can add more details on the discussion page.
Do Heirs have all rights to intestates estate?
The estate must be probated and the court must appoint an administrator. The state laws of intestacy will determine who the heirs-at-law are. The debts of the decedent must be paid before any property is distributed. Once the probate proceeding has been completed the remaining property will be the property of the heirs at law. You can check your state laws of intestacy at the related question link provided below.
Is the estate administrator responsible for home ins?
Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.
