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That is one of their duties, particularly if there are debts to be resolved. The court must approve the distribution and the values.

State laws vary. The executor must make certain they have the legal authority to sell the property. To sell real property in some jurisdictions, the executor must have that authority by Will or must obtain a license to sell from the court.

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10y ago

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Can an executor sell property owned by a minor in Tennessee?

Generally, in cases where a minor inherits property the court appoints a guardian ad litem to protect and oversee the child's interests in the estate. In the case of a sale of property by the court-appointed executor the guardian ad litem must consent to the sale.


Does executor have right to sell house if you own half?

If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.


Can the executor sell property without all beneficiaries approval in New York state?

No, the executor cannot sell property that is in a trust.First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.No, the executor cannot sell property that is in a trust. First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.


Can executor pass responsibilities to attorney?

Yes. The executor can assign their rights to represent the estate by the appointment of an agent. That is frequently done when the deceased owned property in another state or when the appointed executor lives a distance from the court where the estate is filed.


What happens if your husband died and land you owned was only under his name?

After he died, the court-appointed estate administrator or executor (and probably an attorney) would determine who owned the property and who should receive it under interpretation of the will or the laws of intestacy, after satisfaction of other obligations, and subject to court approval. The spouse will typically get all the property from the deceased, though if there are minor children it may be split out. The spouse usually has Homestead or Dower rights in the property.


Can the executor of a living trust refuse to pay money to beneficiaries even though all debt has been paid and there is still property to be sold?

A trustee manages the property in the trust. An executor manages the property owned by a decedent at the time of their death. You need to review the trust document to determine what the trustee must do with the trust property now that the settlor has died.


Can Estate letters of testamentary be used in different states?

No. If the decedent owned property in another state the executor must request Letters Testamentary in that state.


Can the executor on an estate sell himself property owned by the estate with a demand promissory note?

They must pay a fair market price for the property. The demand note will have to be resolved before the court will close the estate.


Is a house considered joint marital property in West Virginia if only the husband's name is on the deed?

West Virginia is a separate property state. A husband or wife can hold solely owned property. If the property was acquired during the marriage a judge may take the property into consideration during the distribution of marital assets pursuant to a divorce. It depends on the situation.West Virginia is a separate property state. A husband or wife can hold solely owned property. If the property was acquired during the marriage a judge may take the property into consideration during the distribution of marital assets pursuant to a divorce. It depends on the situation.West Virginia is a separate property state. A husband or wife can hold solely owned property. If the property was acquired during the marriage a judge may take the property into consideration during the distribution of marital assets pursuant to a divorce. It depends on the situation.West Virginia is a separate property state. A husband or wife can hold solely owned property. If the property was acquired during the marriage a judge may take the property into consideration during the distribution of marital assets pursuant to a divorce. It depends on the situation.


In California does the executor have to be appointed by the court even if the trust states who the executor is?

You are very confused about trusts and executors and mixing your terms. The decision to transfer your property to a trust is an estate planning tool. Property that has been properly transferred to a valid trust does not become part of the probate estate of a decedent because that property is owned by the trust. Property owned by a trust is managed by the trustee according to the provisions set forth in the trust. While trusts can determine the distribution of trust assets a trust cannot "appoint an executor". It doesn't need to because there is no estate in the trust grantor. An executor distributes assets under a will. The trustee distributes assets owned by a trust.Generally, an executor is the person named in a will to supervise the settling of an estate. If the estate contains any probate assets the will must be probated and the executor must be appointed by the court. Once appointed, the court issues Letters Testamentary in the executor's name. The Letters provide the executor with the authority to settle the estate. An estate that contains real property must be probated in order for title to the property to pass to the heirs legally. When a person has transferred all their property to a trust while living then there is no estate to probate at death.Now remember, executors are named in wills by testators and/or appointed by courts. Trustees are named by trustors in trust documents and manage trusts.


Can a Mississippi State Tax lien be applied to property owned in Virginia?

No, it can not. A Mississippi state tax lien only affects property owned in Mississippi. It will stay on your credit report for a long time though but it can't be enforced or collected if you don't own property in misssissippi.


My father died in 2003 and named a son as executor. Can his surviving spouse transfer ownership of their home to only one son and remove other son as a beneficary after her death?

If the property was owned by the parents with a right of survivorship then title passed automatically to the surviving spouse bypassing probate. In that case the property is the sole property of the surviving spouse. She can convey it to anyone she chooses or she can leave it in her will to whoever she chooses. That property is not under the control of the executor.