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Letters of Testamentary

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belle0708

Junior Member
What is the name of your state? Tennessee

My mother is sole executrix of her parents' will, the estate is in probate, and she has letters of testamentary. Her niece and nephew are entitled to their deceased mother's half of the estate and my mother is entitled to her own half. Do the letters of testamentary make it so that my mother can sell the home, land, vehicles, etc? Will the titles to those be free so that she can sell without any signatures or consent of the other two people involved in the estate? Thanks!
 


GaAtty

Member
The answers are in the will. Some wills say she can sell, some say she can't, some say she must post bond. Read it. If she is named as executrix, and the will gives her the authority, she can sell without consulting the others, however, she must strictly account for the proceeds and immediately distribute the sale money to the others and to herself. Whether the title gets "free" depends on whether they are clear title now. If there is a mortgage on the house, obviously the mortgage company must be paid before the heirs get any money.
 

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