Need help on how executor conveys title - Posted by DaniB

Posted by Roger Schirmbeck - Texas on June 20, 2003 at 19:45:13:

DaniB, You don’t mention it but the odds are there was some type of court proceding for her to be appointed executor/personal representative. The lawyer should be told to prepare the deed.

Need help on how executor conveys title - Posted by DaniB

Posted by DaniB on June 20, 2003 at 09:44:36:

I posted a message a few days ago on the main board but no one responded.
I have a seller who has inherited property that is free and clear. Very motivated to sell. She is the executor/personal representative of the property, but she is not a joint tenant, etc on the property. The title is still in her mother’s name.
How does one proceed with this type of transaction? Does she use a quit claim deed? I would have thought her attorney would have advised her as to how she could legally dispose of the property.
I’m afraid to proceed in case the issue needs to go to probate in order for her to get the right to sell. I really need help on this one.
Could someone help?

Re: Need help on how executor conveys title - Posted by Nate(DC)

Posted by Nate(DC) on June 20, 2003 at 10:29:06:

You are mixing up two different issues, which are

  1. does she have the right to sell?

and

  1. if she does have the right, HOW does she sell?

You obviously need to deal with #1 BEFORE you deal with #2. To find out the answer to #1 you need to talk to an attorney that knows the estate/succession laws in your state.

Once #1 is cleared up, any title company or attorney can prepare a deed for her to solve #2.

NT

Re: Need help on how executor conveys title - Posted by DaniB

Posted by DaniB on June 20, 2003 at 11:59:04:

Thanks, Nate. She told me her attorney stated she had the right to sell since she is the sole heir and the executor of the estate. This is Colorado. Due to the amount in the estate the attorney did not have to process this through probate.
In this case will I only need to set up a purchase contract and the deed will then be prepared for her at the closing?