Executor - Posted by lansa

Real Estate Investing Real Estate Law
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Posted by John Merchant on January 08, 2003 at 08:48:25:

Sounds like it was NOT an independent administration, meaning that the Ex. was & is not independent to act as per the will naming him, and is under the thumb of the court. This being the case, he certainly can NOT deed you any more than his share. If you took over his share, you would have no rights to any of the other interests in the property, the rent for same, etc.

Sure, you might actually never hear from the others…but if you did, you’d owe them their share of any profits from renting.

And the chances of your being able to sell your undivided interest are almost nonexistent, IMHO. Would YOU buy a 1/6 undivided interest in a property with a title mess like this?

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Executor - Posted by lansa

Posted by lansa on January 08, 2003 at 03:12:26:

I’m looking at an abandoned property which has the usual back taxes and liens. Owner is deceased and will has been probated. The will named an executor and directed that the property be divided among 7 people, including the executor himself. I managed to track down the executor, and he agreed to sign a deed unto me. My question is, does his role as executor enable him to transfer the entire property unto me, or is it just his interest that is transferred here? It’s impossible to find the other 6 that are named in the will. Property is in Texas.