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.
The executor cannot sell any property at their own discretion unless they have been granted the power to do so. That power must be granted in the will or by a license issued by the court where the probate is filed.
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.
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.
No, you will need to take a copy of the property deed, death certificate, and will to a Title Agency and have the deed transferred in your name. You will also need to wait till the closure of the probate period as someone can make objections to the court, that could be costly if the court invalidates the will.ClarificationYes, as long as the executor has been appointed by the court and follows the rules for the sale of real estate. Any estate that has real estate must be probated.When a person dies owning real estate their estate must be probated in order for legal title to pass to the heirs or for the property to be sold. There are many variables to consider. If your last parent to die owned the property by survivorship then their estate must be probated. A personal representative (executor) will be appointed. The PR can sell the real estate if they were given that power in the Will. If there was no Will or if there was no such power granted in the Will, the PR must petition the probate court for a license or court order to sell the property. Only under those conditions can the PR execute a valid deed.On the other hand, the family could wait until the probate has been completed and they are the legal owners and then they can execute a deed to sell the property. That deed should be drafted by an attorney who will know how to draft a proper deed for the jurisdiction and also how to include the source of title properly.
No, they do not have to sign. The executor of the will has the authority to sell the property. But they must have the permission of the court to do so. The other beneficiaries will then be able to state their position. Consult a probate attorney!
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.
You need to check your details. An executor doesn't manage a trust. If property is in a trust it is not part of an estate and it's managed by a trustee. The instrument that created the trust sets forth the powers of the trustee even when the trust is set forth in a will. Those powers usually include the power to sell real estate. Generally, an executor cannot sell property unless they have filed the will for probate. Then, generally, to sell the property the executor must be given that power in the will or issued a license to sell real estate by the court.
An executor must be appointed by the court. An executor can sell the property of the decedent, after the debts have been paid, if that power was granted in the will or if the court has issued a license to sell.
An executor can only sell the property in the estate. If it is in the estate, it does not belong to you.
The executor has the ability to sell the property. It is subject to court approval. They can also transfer the property to the beneficiaries. In which case they can then sell it.
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.
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.
The minor children have no standing to protest. Their guardian would have to object.
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.