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The executor has the ability to sell real property in the estate. The probate court will have to approve the sale.

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11y ago

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Does executor of estate have right to keep house?

As the executor of an estate, you are responsible for executing the wishes outlined in the deceased person's will. If the will specifies that the house goes to a specific beneficiary, then you must follow those instructions. If there are no specific instructions, you may need to sell the house and distribute the proceeds according to the will or laws of the state.


Can four siblings over rule another with the sale of deceased parents house?

If all four siblings are listed as legal owners of the deceased parents' house, then decisions regarding its sale would typically require unanimous agreement. If one sibling is able to establish power of attorney or has been assigned as executor of the estate, they could potentially make decisions on behalf of the others, but this would depend on the specific legal arrangements in place.


Can an executor of an estate be sued for contents of deceased house when he is trying to settle debts?

In the United States, all types of lawsuits are possible. Apparently the deceased purchased furniture on time and had not paid it off. If that is the case, you should simply try to find the records and see about making a deal so the store simply picks up any furniture not paid for. If that is what the law suit is all about, simply let them have their furniture back. That is a whole lot easier than selling used furniture to pay off debts. Make sure you get the appropriate paperwork.


Can an executor of an estate sell a house that is still in the deceased parents name in the state of Georgia?

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.


How do you get a copy of a will?

If the will has not been filed with the probate court, you can't. If it has been and the person is deceased, you can get one from the court house. For historic records, contact the courthouse with the name and date of death. They will usually provide copies for the cost of making them.

Related Questions

Can your siblings just choose to live in the house of a deceased parent if the house is empty and the estate is trying to sell it?

Legally, they cannot live in the house without the consent of the executor of the estate.


Deceased partner living in house rent free deceased children own house do we still have landlord rights?

What did the will say? Is there a will? The executor is responsible for maintaining and disposing of the estate. The executor can, if it makes sense, rent the home to someone. Once the estate is settled, whomever gets the property has the ability to do what they wish.


How do you sell a car from a deceased relative?

An action like that must be handled by the estate. If the deceased has left a will and named an executor, the executor must handle the disposal of any property. If no will was left, the courts will determine what happens to the property.


Can you sell the house owned by your brother?

No, unless you have a power of attorney from your brother. And if your brother is deceased, you would have to be the executor of the estate and have the court's permission.


Can you get homeowners insurance if the owner of the house is deceased?

Yes, The Heirs can buy the policy or the Estate executor can buy a home insurance policy.


Can an executor of an estate refuse to lower the price of house in the estate when the other two heirs request that it be lowered?

The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling.The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling.The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling.The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling.


Can an executor spend money from the estate to alter a house before he releases it to the beneficiaries?

An executor is charged with acting in the best interests of the deceased and adhere to the stipulations of the will. An executor may acquire money from the estate if: 1. there are specific stipulations in the will that the executor is entitled to funds as compensation for their efforts. 2. The executor is a named beneficiary of the will, a situation that often happens with couples.


If your deceased mom left you the house how do you get it in your name?

If she left you the house in the will, the executor will take care of it. Once the estate is settled, you will be issued a deed in your name. If there is no will, you will have to create an estate and things will be distributed according to the intestacy laws of your state or country.


Can the executor demand the key to my deceased mother's empty house?

Yes. Once an executor has been appointed by the courtthey have legal control over all the property of the decedent. If you don't surrender the key the executor can hire a locksmith to enter the premises and change the locks. Once the Will has been allowed in the probate court, and the executor appointed, you have no right to enter the premises without the permission of the executor.


Who has the power over your deceased dads house you the executor or your brother whos claiming hes the administrator of the estate?

Sounds like there is controversy over the estate. Only one of you should have a letter of authority from the court.


Is the executor of an estate paid on full value of house or what is owed?

The executor's fee is based on the value of the estate. Money owed is not a part of the estate, it is a claim against the estate.


Does executor of estate have right to keep house?

As the executor of an estate, you are responsible for executing the wishes outlined in the deceased person's will. If the will specifies that the house goes to a specific beneficiary, then you must follow those instructions. If there are no specific instructions, you may need to sell the house and distribute the proceeds according to the will or laws of the state.