Posted by John Merchant on December 18, 2002 at 21:47:37:
Yes, Julie’s right…it does sound like your friend is stringing you along…either he has been named and has accepted the fiduciary role of executor (ot the will), or he hasn’t! If he hasn’t, he has NO authority to do anything on his parent’s will; if he has, then you need to see the court file and learn what authority he has.
advice on an estate purchase - Posted by andy
Posted by andy on December 15, 2002 at 22:26:07:
i got a guy who is named executor to his moms house. well he was more interested in buying a different house for himself.
its wierd but he doesn’t want anything for his moms house
doesn’t even want anything to do with it. says i can take it
over from the bank cause his plan was to ignore the whole
buisness of executorship. he wants me to try to talk to the
bank and so what do i do first, title check? its like 80,000
house w/60,000 owed, good house nice neiborhood. payments in arrears by a few months. any help for the rookie appreciated
thank you,
andy
Re: advice on an estate purchase - Posted by John Merchant
Posted by John Merchant on December 16, 2002 at 24:12:22:
You should try to get a warranty deed (or at best a quit claim deed) from the Executor to you, or maybe take the deed “subject to” the bank loan, so you can make the payments and take it over.
I’d want to see what kind, and the details of the probate (which is public, so you could go to the Probate Clerk and look through the file)to understand what the “executor”'s authority is, and if he can legally just deed the property to you. If you’re not a lawyer, I’d recommend you have a lawyer look at this deal and try to nail it down for you so you end up with the house…and no loose ends.
Re: advice on an estate purchase - Posted by Julie Vore
Posted by Julie Vore on December 18, 2002 at 21:29:59:
One cannot be named executor on a house. One can be named executor in a will. If one is named executor in a will, one has the highest priority for the appointment of executor for the execution of that will. There is no obligation to serve. It does not sound like this person has taken the appropriate steps to be appointed executor, therefore he offers you nothing other than information. The bank can’t talk with you. They can only talk with a legally appointed executor/administrator.