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Can an executor of an estate sell the house for an amount that is not agreed upon?
United States
Yes. The executor must be appointed by the court. Once appointed they have the authority to settle the state according to the provisions in the will and state laws regarding estates. They do not need the permission of the beneficiaries to act once they have been appointed. That is the purpose of having an executor. If they needed the permission of the beneficiaries, the probate process would be unnecessarily complicated and might never be completed.
Generally, the executor must act expeditiously and in the best interest of the estate. They cannot sell property for less than fair market value unless they have that power granted in the will or have a good reason to support their actions. The executor is personally liable for any waste to the estate caused by their actions. If permission to sell the real estate was not granted in the will the executor must obtain a license from the court.
What else can I help you with?
Is the executor of an estate paid on full value of house or what is owed?
The executor's fee is based on the value of the estate. Money owed is not a part of the estate, it is a claim against the estate.
Does executor have ruling over sale of house in an deceased estate?
Yes, the executor has the authority to manage and oversee the sale of a house in a deceased estate. The executor is responsible for handling the deceased person's assets, including the sale of property, according to the terms of the will or state laws if there is no will. The executor must act in the best interest of the estate and its beneficiaries.
How to sell a house after a parent dies?
You have to open an estate. The court will then appoint an executor. The executor will have the letter of authority that will, with the court's permission, sell the real property of the estate.
Can a house in an estate be rented?
The executor can rent the house. They are responsible for making sure the estate stays solvent and the property is taken care of.
As sole executor of will can you be forced to sell house by the other beneficiaries?
As an executor, you have a duty to sell the house and distribute the proceeds. If you want to buy the house from the estate, you can make that arrangement.
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.
Can you insure a house that's in the estate of?
The executor should make sure that insurance is current on property in the estate.
When a person with a reverse mortgage dies can the executor give the house to the reverse mortgage company?
The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.
Is the executor responsible for maintening house and garden?
The executor is responsible for the estate. That would include keeping the property in good condition.
If a parent dies while house in foreclosure?
The executor of the estate represents the decedent.
Can a executor ask a beneficiary to move out of the house?
Yes, they can ask them to move out. The property belongs to the estate. The executor can sell the property or transfer its ownership as directed by the will or the court.
Can your brother lock you out your mother's house when she dies?
If your brother is executor of the estate, yes.
