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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.
Does the Executor answer to the Benificiaries?
An executor who is not benificiary, is he has apower to sale immovanle property?
Would the executor write the cheque out from sale of the house?
The executor is responsible for the sale of the house. They have a letter of authority from the probate court. That allows them to write checks and settle the estate.
Does the executor have the right to sale land listed in the will?
They have the responsibility to execute the will as written or modified by the court. That includes the right to sell property.
One heir refuses to sign papework for sale of property There is now will. What can be done to get the signature. Texas?
The executor should petition the court for the right to sell the property.
Can the executor of an estate sign a quit claim deed to sign property over to an heir of the deceased?
No, not unless there is a POA or court order allowing him to do so. The executor has been appointed by the court and has letters of authorization for the handling of the estate's assets. In most cases, the executor will have to obtain court approval for sale of real property. To do so they will have to show the evaluation of the property and the sale price and show that it is a good deal for the estate. Once they have the court order, they are authorized to sign the appropriate transaction documents.
Can a heir force an executor who is living probate house to take action on sale or to make payment of value of home to the heirs according to will while estate is in probate?
If the executor is acting in bad faith, certainly an heir could sue him for that.
Who has right to buy deceased car if brother and sister both want to buy it?
The executor will have to determine sale price and who it is sold to. If there is no Will, that is usually the next of kin or someone appointed by the probate courts.
Can the executor sell property without all beneficiaries approval?
The answer depends on the laws of the state the probate is in, the terms of the will and the facts of the situation. First, what does the will say? It may say the executor has full power to sell in his/her discretion. In that case, the beneficiaries do not have to approve. If the will says nothing specific about a power of sale then look to the laws of the state. Every state has laws that spell out what executors can and cannot do. The laws of the state of probate might provide that an executor has to obtain a court order to sell the property. If it does, any of the beneficiaries might object to the sale when the executor applies for the order; however, the objector will have to prove the objections are valid.
What if the heirs do not have money to pay probate and the estate is only real estate?
In order to transfer the real estate, they will have to have an estate and someone with authority to sell the property. The executor could take a loan out against the property to resolve the debts or to cover costs until sale.
Is there a law preventing an executor from selling property if the beneficiaries do not agree with the sale?
There is no such law. The executor has the power, from the court, to settle the estate.
Does an executor get paid for the sale of a property based on time of death value or actual sell price?
The executor normally doesn't get paid based on the sale of property. The law normally allows them to choose a time for the basis of value.
