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.
An executor can only sell the property in the estate. If it is in the estate, it does not belong to you.
No, an executor cannot sell personal property that does not belong to the estate. The executor's authority is limited to managing and distributing assets that are part of the estate according to the deceased's will or state law. Selling property that is not owned by the estate could lead to legal consequences and potential liability for the executor. It is essential to properly identify and verify the ownership of assets before any sale.
Get a lawyer and sue to "Partition to sell" said property.
The executor makes the call. They have to get the approval of the court to sell real property, so personal property is easier. Consult a probate attorney in your area for assistance.
Not if the property does not belong to them. Only the executor is authorized to sell the property of the estate. For anyone else to do so could be considered theft.
You have to buy the property from someone. And the only person that can sell it is the executor.
No, an executor cannot sell property without going through the probate process.
Only the children can sell the property which they jointly own. The executor cannot sell it, unless the children ask him or her to do so on their behalf.
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.
No, an executor cannot sell estate property without obtaining approval from all beneficiaries.
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.
They do have that ability to have them removed. The property belongs to the estate and the executor is responsible for it. They can rent or sell the property.