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Does an executrix of an estate have the right to make decisions regarding the sale of property without being in agreement with the two other parties who with her have an equal share.?
Wiki User
∙ 15y ago
In many jurisdictions, the executor may be granted the authority to sell the real estate in the will, without needing to obtain any license from the court to do so. In that case she has the power to sell it and distribute the proceeds according to the provisions of the will. If the authority was not granted in the will then the executor must apply for a license to sell from the court and the beneficiaries can object. The court will rule on the objections. If the two want to keep the property they will need to purchase the executor's share from her. If an agreement cannot be reached between the three parties then a Petition to Partition the property may become necessary. In that case it may be divided if large enough or sold with the proceeds divided equally minus the cost of the partition.
Wiki User
∙ 15y ago
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What is a leasehold property?
A leasehold is an interest in real property in which the leaseholder doesn't own the specific piece of property but possesses a long-term lease on it. It involves a written rental/lease agreement for an extended period of time. A leasehold often refers to the improvements made to real property when the improvements are built on land owned by one party which is leased for a long term to the owner of the improvement(s).
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Can parents' property be in the name of the executrix?
If you mean the parents have deeded or willed the property to the person who will become the executrix, then, yes it is legal and not unusual, absent evidence of wrongful persuasion or the like.
What e is not likely to be found on a lease agreement?
The cost of insurance. A+
What can I do about my sister who is executrix of my mother's will and is delaying sale of property?
You could get a lawyer.
Can you give cost to purchase rights using quitclaim form?
No. A quitclaim deed is used to transfer the title to real property. If you want to enter an agreement regarding the cost then you need to see an attorney about a sales contract or purchase and sale agreement.No. A quitclaim deed is used to transfer the title to real property. If you want to enter an agreement regarding the cost then you need to see an attorney about a sales contract or purchase and sale agreement.No. A quitclaim deed is used to transfer the title to real property. If you want to enter an agreement regarding the cost then you need to see an attorney about a sales contract or purchase and sale agreement.No. A quitclaim deed is used to transfer the title to real property. If you want to enter an agreement regarding the cost then you need to see an attorney about a sales contract or purchase and sale agreement.
What if an executrix rejects an offer on a property jointly owned without knowledge or consent of one heir?
That is the option of the executrix. They don't have to get permission from every heir to manage the estate.
Do you have to allow the house I am renting to be shown if the owner has now decided to sell the property?
Laws regarding showing rental properties can vary depending on your jurisdiction and lease agreement. Generally, landlords are allowed to enter the rental property to show it to potential buyers, but they must provide reasonable notice and not disrupt your use of the property excessively. Check your lease agreement and local laws for specific details on your rights as a tenant.
Can creditors put a lien on a deceased property if there is no will?
The existence of a will has no bearing on whether or not they can place a lien. If they have a legitimate debt and a judgment, or an agreement in the loan regarding a lien, they can place the lien on the property or the estate.
Would the executrix of her mother's Will receive the JTWRS property she currently lives in after forcing her mom to move to a rental and incur large mortgage refinancing and CC debt in Tennessee?
The issue of her being the executrix is not relevant in regards to the property ownership. Real property titled as Joint Tenants (or Tenancy) With Rights Of Survivorship (JTWRS) is not subject to probate procedure and passes directly to the surviving owners. The sister/executrix had no legal grounds to force the mother out of the jointly owned home and should be held legally accountable for the action. Likewise, the person holding the mortgage is only relevant regarding the repayment of the debt and has no bearing on the ownership of the property itself, that is always determined by the wording of a General Warranty Deed or title
What professionals should I talk to and what should I ask when making decisions about making a property investment?
A real estate attorney is the professional with whom you should speak, should you have any questions regarding property investments.
Do we have to keep the landlord's existing items before we move in?
You may have to keep the landlord's items in your rental property. Information regarding this should be discussed in your rental agreement.
Is it legal for executrix to decide who gets tangible personal property even though deceased left a specific letter of division?
The executrix is required to execute the will as written to the best possible extent. Any deviation has to be approved by the court.
Can the executrix put their name on the deed only if all 8 children are named in the will?
An executrix must carry out the wishes of the deceased. If any of the eight children were excluded by the deceased from inheriting a piece of property she cannot put his or her name on the deed for it.
