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    skd0055's Avatar
    skd0055 Posts: 2, Reputation: 1
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    #1

    Mar 28, 2007, 01:50 PM
    Executor limitations
    My husband passed away, we hd no will.. he did give me power of attorney to sell the house if something happen to him, it's not good now. I have fixed up the house, have a buyer, and now I find out the probate was never finished all the way. As executor of the Estate can I sell the house?

    For isntance : seller: Estate of bugs bunny

    Can I sell the house by opening an accoutn and the account be under 'HEAD OF ESTATE PERSON"...

    And sell the house as if the estate was selling it? I've been told I could do this, but I'm just not sure and I have a buyer the closing is this coming week, now everything is put on hold, the contract was in my name, instead of HEAD OF ESTATE.. (real estate contract).

    So I'm wondering if I can sell our home if I put the contract under HEAD OF ESTATE (with my late husbands name on the end).:cool:
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
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    #2

    Mar 28, 2007, 02:02 PM
    Sounds like you really need to consult with an attorney on this one and go through the court process. The laws concerning executors and probate vary from state to state. Also, it looks like some things need to be finished up also. I.e. probate, the process to take because there is no will, the fact that you stated your power of attorney is no good now.

    An executor is someone nominated in a will and appointed by a court to hold that position. So, I am wondering how you can be the executor without there being a will.
    shygrneyzs's Avatar
    shygrneyzs Posts: 5,017, Reputation: 936
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    #3

    Mar 28, 2007, 02:16 PM
    I would not do anything further until I contacted an attorney versed in probate law. You do not want to make any mistakes that can come back and bite you. Expensive mistakes too.
    skd0055's Avatar
    skd0055 Posts: 2, Reputation: 1
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    #4

    Mar 28, 2007, 02:27 PM
    Quote Originally Posted by Clough
    Sounds like you really need to consult with an attorney on this one and go through the court process. The laws concerning executors and probate vary from state to state. Also, it looks like some things need to be finished up also. I.e., probate, the process to take because there is no will, the fact that you stated your power of attorney is no good now.

    An executor is someone nominated in a will and appointed by a court to hold that position. So, I am wondering how you can be the executor without there being a will.


    I hope I'm suppose to reply in here. Lol, I obtained an attorney and we went to court, the judge awarded me head of estate, there are no heirs, we ran the ads in all local towns, no on responded, (which I knew they wouldn't). I have a buyer for the house as I stated before, the probate isn't completed as of yet, but I was told I could sell the house under the heading ' ESTATE OF - - - - -".

    We were married many years, I need to sell the house or I'm going to lose it. It's taken almost everything I had to keep it up, due to winter problems.
    shygrneyzs's Avatar
    shygrneyzs Posts: 5,017, Reputation: 936
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    #5

    Mar 28, 2007, 02:35 PM
    Good for you. Glad you got things done legally. Good luck in the sale of the home and everything else that follows.
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
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    #6

    Mar 28, 2007, 03:17 PM
    Sounds good!
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