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Can executor sell trust property in Florida law?
In Florida, an executor does not have the authority to sell trust property. This responsibility falls to the trustee, who must follow the terms of the trust and state laws when selling trust assets. It is important for the trustee to act in the best interest of the beneficiaries and seek legal advice if unsure of how to proceed.
Can a Co-Independent Executor act on legal documents without the other Executor?
Yes, except when selling real property. In selling real property all co- independent executors must execute the document.
Can a Executor lock a Beneficiary out of an estate?
Yes, they can lock them out. The executor must preserve the estate. That may include removing people from the property and selling it.
Can estate be settled if property hasn't sold?
It is possible to settle an estate without selling property. As long as the distribution is approved by the court, the property can be transferred to the beneficiaries.
Can an executor of an estate sign a title when selling a deceased persons automobile?
It will likely depend on the state in which the administration is pending. In Texas, for example, the executor can sell the car (and indeed sign the title) only if (i) the Will gives the executor a power of sale or (ii) the sale is necessary to pay debts of the decedent or expenses of administration. Otherwise, the only action the executor can take is to convey the car to the beneficiaries under the Will.
Can an executor of an estate sell the personal property that does not belong to the estate?
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.
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.
What can the executor do when a heir that lives in the deceased parents home starts selling the deceased's property?
Report the theft to the police. It is a crime to take and sell things that do not belong to you.
Do they have to sell everything at estate sale?
If they don't sell it, the goods still have to be disposed of. The Executor can elect to donate the remainder to a charity for a tax write off, or trash them. If the debts can be settled without selling all the items, what is left can be claimed by the beneficiaries.
Can an executor take cars out of state?
If the executor is in process of selling the car for the estate, I believe it would be proper for them to do that. The executor does not own it but it is their position to disperse the assets.
If your husband is the executor to his mother's estate do you have to sign dowry rights when he sells her condo?
No, the executor does not have an interest in the real property. He is not selling it, the estate is. If he inherits the property, then he has an interest in it and there could be dower rights involved. That is an issue that varies from state to state. It would be best to contact a local probate attorney, one who is familiar with laws in your state, to answer that question.
What do a patent do?
A patent protects intellectual property, preventing other people from making, using, selling and importing an invention for a limited period of years.
