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Can the executor not sell a house that is in a living trust willed to three people other than themselves?
This question has so many mixed and conflicting terms, that it is difficult to even understand the question, much less provide an answer. This answer will assume the probable situation that creates this question. I assume that the "property" that has been "willed" to 3 people is part of a living trust created by the decedent during his lifetime. If the decedent transferred this property to a living trust, the executor has no power at all to sell it. This is because the executor has power over property belonging to the decedent. This property is owned by the living trust, therefore, beyond the authority of the executor. Once the decedent transferred the property to the trust, the trust became the legal owner just as if the decedent had transferred the property to another person. Since the decedent no longer owns the property, he has no more power to "will" that property to anyone than I have to will your property to someone. Unless the trust provides that upon his death the property goes into his own estate the executor is powerless to sell to anyone. But this would be extremely unlikely, because the purpose of the living trust is to keep that property out of the decedent's estate.
What else can I help you with?
Does a Beneficiary have the right to enter a willed home?
Not until authorized to do so by the executor. The property belongs to the estate and the executor must protect the property.
How do you get the money your parents willed to you?
First the will must be filed for probate and an executor must be appointed. After the payment of the debts of the estate the executor must make distribution of the remaining estate according to the provisions in the will and the state probate laws. The executor acts under the supervision of the court and must settle the estate with expediency.
What did pharaohs have complete control over their people?
alot of power He ruled the sky the earth and if the phroh/gods willed it peoples minds.
Can an executor keep money willed to another by hiding funds?
They can do so if they wish. But it would be a breach of their fiduciary duty and their duty to the court. It could result in criminal charges.
What happens to the car when someone passes away?
that depends on whether it is paid off or still has a loan/lean on it. if it is paid off, it must be willed to somebody, or it can be purchased from the estate. if it has a loan on it it can either be givin back to the lender, or the loan can be taken over by the executor of estate. if it is to be bought form the estate it must be sold by the executor of estate. if it is willed to a person and it is paid off you simply have to do the paperwork to make it legally yours. in any case, the best person to discuss this with is the executor of estate, or the deceased's lawyer. they can handle or guide you to your options. just an fyi, the executor is essentially somebody who has power of attorney. they are typically the widow, or somebody appointed in the will.
Can the executor sell a house that is in probate and willed to three people other than themselves even if three people do not want it sold?
Yes. The executioner has sole power to dispose of the assets of the estate in the manner that is described in the will. If there is no such manner and the home is put up for sale, offers from those that own a portion of the proceeds can stop the sale by essentially "buying out" those who want the sale. Otherwise, the asset can be sold and the proceeds distributed in accordance with the split deescribed in the will.
What if a house is willed to 2 people and not included in the estate do both have the same rights?
In order for something to be willed to someone, it has to be in the estate. Both individuals will have equal rights to the property as tenants in common.
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.
What is the past participle of will?
The past participle is willed.
When was The Woman Who Willed a Miracle created?
The Woman Who Willed a Miracle was created in 1983.
A home was willed and left to you and 2 other beneficiaries and needs to be appraised to determine inheritance taxes who by NJ law is required to perform this appraisal?
The executor of the estate assumes all responsibilities associated with the estate. Of course, the payment for the appraisal will come out of estate assets.
How do you use strong-willed in a sentence?
It would be difficult to convince him as he was very strong-willed about things.
