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Once they have transferred the property, it is no longer a part of the estate. If they try to sell it, they would be selling something they have no control over. They may be able to bring the property back into the estate, but it would take a court order to do so.
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My mother's will states that property go to her siblings does it have to go to probate?
Yes, in order for the property to be properly transferred, the executor has to execute the deed.
Can a deed to the family home be transferred to the executrix who is also a beneficiary without the signatures of all the beneficiaries?
The beneficiaries do not have the ability to transfer property. The executor can deed the property to whomever it is being sold or distributed to. The executor can also transfer the deed to the estate while determining disposition.
Can the executrix put their name on the deed when the property was left to eight people in the Will?
Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.
How is property title transferred after probate is closed?
If the probate process has been completed and title is in the heirs they can execute a deed to a straw and then the straw can convey the property back to the heirs by deed and the heirs will become the record owners of the property. However, that process isn't necessary except in cases where the heirs desire to have a deed in their own names. If the heirs want to sell to a third party they can execute a deed of their interest and cite the probate as their source of title. You should consult with the attorney who handled the estate who can review your situation and your needs and explain your options.
Can the executrix collect her admisitrative fees from inherited property that was deeded to heirs prior to death?
Generally, no. If the decedent transferred real property prior to death and the deed was recorded at the time of the transfer, it was not part of the estate when she died.You should note, however, that you referred to the property as "inherited property" in your question. The executor has control over all "inherited property". If the property was transferred to family members prior to death then it was not "inherited".You should discuss this matter with the attorney who is handling the estate.Generally, no. If the decedent transferred real property prior to death and the deed was recorded at the time of the transfer, it was not part of the estate when she died.You should note, however, that you referred to the property as "inherited property" in your question. The executor has control over all "inherited property". If the property was transferred to family members prior to death then it was not "inherited".You should discuss this matter with the attorney who is handling the estate.Generally, no. If the decedent transferred real property prior to death and the deed was recorded at the time of the transfer, it was not part of the estate when she died.You should note, however, that you referred to the property as "inherited property" in your question. The executor has control over all "inherited property". If the property was transferred to family members prior to death then it was not "inherited".You should discuss this matter with the attorney who is handling the estate.Generally, no. If the decedent transferred real property prior to death and the deed was recorded at the time of the transfer, it was not part of the estate when she died.You should note, however, that you referred to the property as "inherited property" in your question. The executor has control over all "inherited property". If the property was transferred to family members prior to death then it was not "inherited".You should discuss this matter with the attorney who is handling the estate.
What is an heirs deed?
The heir deed is property that is actually divided among the legal heirs of the late person, according to his will.
Can a property be sold with out a deed?
No. A deed is the instrument by which real property is transferred.
How do you transfer the deed of a deceased parent in NJ to surviving children?
When a decedent owned real property their estate must be probated for title to pass to the heirs. Also, the court must appoint a representative of the estate. You should seek the advice of an attorney who specializes in probate law for the procedure in your particular jurisdiction. In NJ, either the executor or the administrator will sign what we call an "executor's deed" where there is a will or an "administrator's deed" where the is no will. This is to formalize the transfer of the property. It is important to know that the beneficiaries or heirs technically own the property as of the date of death rather than the date of the deed. This deed is a formality only.
Where do you go to change the name on property deed of a deceased person to the heirs in South Carolina?
The executor of the will does it at the County Office of Deeds and Records. It should be listed under local government in the phone book.
Is an executor's deed as good as a warranty deed?
They are different.When referring to loans secured by real property a deed of trust is the term (and process) used in some states for a loan secured by real estate. The property is transferred to a trustee until the loan is paid and then the trustee transfers the property back to the owner by a trustee's deed.In many states a mortgage is used to secure real property that is used as collateral for a loan. When the loan is paid the mortgage is discharged.Both terms have a different meaning when referring to conveyancing.
How do you transfer a propety into my name?
Ownership of property is transferred by a deed or by a probate proceeding. The present owner of the property must execute a deed that names you as the grantee. If you inherited the property you should consult with the attorney who handled the estate if you want the property transferred to you by a deed.
What happens to the land if the mother sign it over to the daughter but the daughter dies who get the land?
If mother transferred her property to her daughter by deed, the deed was recorded and then her daughter died, the property would pass to the daughter's estate. It would then pass to the daughter's heirs according to her will or to the state laws of intestacy if she had no will.
