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transfer of executor powers

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brutus1776

Junior Member
What is the name of your state (only U.S. law)? Maryland

property was left to 4 people upon death. one person was named executor of the will and the will states that the executor can maintain possession of the property until their death.
my question is, can the executor pass on her executor powers to some else when/if she transfers ownership of her share of the property?

also.
if upon death or transfer of the executor's share of the property to another individual, and 3 people want to sell the property, but the person who attained title to the executor's portion of the estate, can the property be sold without the person's consent who now holds the executor's portion of the estate? and can the person who attains title to the executor's portion of the estate then be removed from the house on the property?
 


anteater

Senior Member
You might want to clarify the situation.

4 people inherited the property equally - 25% each?
1 of those 4 also received the right to live in the property until their death?
Or do you mean something else by "maintain possesssion?"

Unless there is something very strange about the way the will is written, that one of the beneficiaries is also executor of the estate is not relevant. An executor can not just decide to "pass on her executor powers to some else." If the executor wishes to resign, the court appoints a successor. If the executor is one of the beneficiaries, there is no connection between being executor (resigned or otherwise) and transferring ownership of her share of the property.
 

brutus1776

Junior Member
"4 people inherited the property equally - 25% each?
1 of those 4 also received the right to live in the property until their death?
Or do you mean something else by "maintain possesssion?""


yes, 4 people inherited the property equally.
1, who was named 'executor' received the right to live in the house on the property until their death.

the concern is if the person who received the right to live in the property, sells or transfers her ownership of the property to someone else.... and the person who just attained ownership of the share of 1/4 of property does not want to sell, but the other 3 owners do... does the majority rule? or will the 3 people wanting to sell have to go to court to try to force the 1 person refusing to sell to either sell or accept the other 3's offer to be bought out, so they can then sell the property? or can the 1 person retain 1/4 share of the property and block the sale of the property indefinitely?
 

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