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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.
What else can I help you with?
Transfer real estate property by will?
The transfer is done by the executor of the estate once the estate is settled. The will indicates who gets the rights in the property, but they are still subject to mortgage and liens and other items.
Can the executor sell property without all beneficiaries approving in Virginia?
The executor of an estate always has the ability to sell property if allowed by the will. As long as the court agrees, the desires of the beneficiaries is secondary.
Personal property that is included with real estate is called?
A person's real property and personal propertymakes up what we call their estate.
Is a spouse of one of the beneficiaries of an estate permitted to remove tangible property from the home such as tools?
The spouse of a beneficiary has no rights to the estate. Removal of property without the executor's authorization could be prosecuted as theft.
DOES EXECUTOR OF AN ESTATE HAVE THE LAST SAY ON WHAT OFFER THEY ACCEPT FOR HOUSE?
The executor of an estate has the authority to manage and sell estate assets, including real property, but they must act in the best interest of the estate and its beneficiaries. While the executor has significant discretion in deciding which offers to accept, they typically must consider the wishes of the beneficiaries and any relevant terms outlined in the will. Ultimately, transparency and communication with beneficiaries are crucial to ensure a fair process.
Can executor sell your property in Maryland?
An executor can only sell the property in the estate. If it is in the estate, it does not belong to you.
Can a person who is not the executor sell property?
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.
Who is executor of personal property when mother dies and is divorced?
Whomever files to be the executor. The estate can be opened by any heir or beneficiary, or even a debtor.
Is an executor responsible for anything missing from an estate property?
The executor has the responsible to maintain the estate. That includes keeping the property safe.
Does an heir sibling to an estate have a right to enter estate after death of a parent if they are not the executor?
They do not have that right. The executor is responsible for the property and can allow, or not allow, access to the premises. The executor has to inventory the property of the estate and value it before distributions can be made.
Can a executor ask a beneficiary to move out of the house?
Yes, they can ask them to move out. The property belongs to the estate. The executor can sell the property or transfer its ownership as directed by the will or the court.
I am the sole executor of my mother's estate in TN and want to know if an heir has any authority to decide who receives what of the personal property the will just states equal shares to the heirs?
An heir does not have any authority over the distribution under a will. Once the estate has been filed for probate the executor is provided with that authority by the court. The executor can take suggestions about how the personal property should be divided and should take care to set personal feelings aside and be fair about the distribution. However, making the distribution of the estate is the executor's legal responsibility.
Can an executor charge rent to an heir that has lived in the property for 19 years and was the caregiver of the deceased?
The executor of the estate is responsible for the estate. Use of the estate property is an asset and they should pay rent.
What can you do when all heirs to an estate are willing to sell the property except for one and he is the executor of the estate?
The executor is the person responsible for the estate. That includes making sure the property is sold for a proper amount.
Can you be reimbursed for property taxes from estate?
If the property is in the estate, the estate is responsible for them. You are entitled to be reimbursed if you have paid them for the estate. Submit your claim to the executor.
If you are the executor and heir to an estate with no will can you take a loan against the said estate property?
If you are the executor and heir to an estate with no will, you can you take a loan against the said estate property, but not right away. Lenders typically will not give you a loan on a piece of property until it is in your name.
Who protects a deceased person's property?
The executor of the estate.
