Executor of Estate

[raybo]

Hello Everyone,

Kind of a strange situation...but wondering if someone could plz give me some direction on what I should do first. I live in Florida and found this small house that I DESPARATELY want. A man owned it who died in Nov. I found his son who lives about 40 miles away and says he wants to sell it. His son claims he's the executor of the estate and has papers to prove it. The son has, I know, atleast a sister and a brother...maybe more. Now the son says he wants to sell it and has said he talked to his brothers and sisters and they want to sell it...however, the son (the executor) is being very very hard to deal with in terms of getting the ball rolling. He never calls me back...I have to call him and then he tells me "it's been a hard week"...but still tells me he wants to sell it to me and so does his family..but in a later conversation he said he has to talk to them. Now he is telling me that there is 4k back taxes due on the property (some company owns the certificate)that he just found out about and he's trying to come up with the money to pay it. He will lose it in January 2002 if he doesn't. Now..my questions are the following:

1. When he tells me that he's the executor of the estate, what does this mean? Can he sell the property to me without the consent of the other siblings? I have no idea if there's a will or not.

2. Does he have the right to do a "Quit Claim Deed" to me without the consent of the other siblings?

3. What can I do to understand what I need to protect myself from the other siblings if they should come back and start lawsuits against me if he quit claims it to me?

4. I need to know what I need to find out to start the purchasing process...and what I should look for. i.e., title search, get in touch with tax certificate holder. etc.?

5. If he does do and can do a quit claim deed to me...where does the tax certificate holder come into play and is it my responsibility to contact them?

Bottom line is.....I REALLY WANT THIS HOUSE... and he's being strange about it. I want to be prepared with knowledge about this house and have my ducks in a row I finally get him to sign something....but am worried about the other siblings.

If someone would so kind as to lead me in the right direction...I would be in debt to you... Kinda like a step-by-step process.

Thank You,

Ray

 

[ALawyer]

Usually anyone who has lost a close family member is sort of numb for a while after the loss. That's the way the world is. You want them to act and they really don't want to. Be aware of this as they are still mourning.

You ask "When he tells me that he's the executor of the estate, what does this mean?"

If he were a lawyer it would mean there probably is a Will naming him Executor. BUT a Will has to be filed for probate with the Court and approved, after other heirs are given the opportunity to object. If the guy is not a lawyer he may be using the term loosely and saying the other siblings would consent to his being the Administrator of the estate, which also requires court designation and approval.

You also ask "Can he sell the property to me without the consent of the other siblings? "

As Executor or Administrator he can LEGALLY act only AFTER the Court appoints him and depending on what the Will says and local law, sometimes the court also has to specifically authorize a sale of realty or sales of large assets.

If you want to buy the house, due to the tax default and the unclear realtionships involved, I'd suggest you go out and hire yourself a local lawyer and get his or her help in buying the house, to make sure you are protected and get the ball rolling.

 

[advisor10]

12-4-2001

DEAR RAYBO:

Please consider posting this question also on the Real Estate Law Message Board of the freeadvice.com site.

First thing you should do is to look at the decedent's probate file (which will include the last will & testament) at the county courthouse of the city where he died. If the estate is closed, there will be financial and other information in there about how the estate was distributed, including the original order granting authority to the son as official executor, who the official heirs are, and possibly a mention of the value of the house and who inherited legal title to it. (If you can't visit the courthouse in person, you can order copies of the file by mail for about 10 cents to $1 per page--if you need me to find the address and phone number of the courthouse, send me an e-mail that mentions the city/state where the person died). Reviewing that information in the file may be able to answer many of the questions you have.

(1) Yes, the executor does have the authority to sell the home, but whether the siblings' consent would be needed would depend on if they are heirs of the home or not. You can find out who the officially listed owners of the home are by checking the property tax records (or some other land records database) at the county courthouse or you could go ahead and pay to have a title search done.

(2) A quitclaim deed would not apply in this situation. That document is only presented to someone who is being asked to sign away or give up their rights to a property.

(3) Only a real estate lawyer or a real estate agent can advise you on how to protect yourself in the transaction. Their advice could especially be helpful with the tax certificate situation.

(4) If you would be willing to offer to pay $2,000, $3,000 or even $4,000 of the back taxes debt, that might be a great incentive for the son to agree to sell to you.

SINCERELY,

[email protected]