How Does An Executor Sell A Home?
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- Опубліковано 24 кві 2020
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The complexities involved in selling a home or other piece of real estate after the death of the property-owner varies based on how the owner arranged his estate while he or she was alive.
Owners of real estate can set up their estate so that their property can be sold after their death either by the trustee of their trust, the executor of their estate, the independent executor of their estate, or by the co-owners of the property after the probate is complete.
You'll need to make sure you comply with your state's rules since these rules can vary from state to state.
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Paul Rabalais
Estate Planning Attorney
If your state allows it you can do a transfer on death deed. When you die your heirs go in to the tax assessors office and the property is transferred to them. This is also known as a ladybird deed and a revocable life estate. You can change it at any time without signatures from the heirs. It doesn’t need to go through probate and is independent of the will.
My dad put everything in a trust with nudging from myself & my executor sister. We thought it was going to be thousands of dollars but the cost was very, very reasonable....I think it was $1500 including updating the wording on the will. And we are in NJ where everything is expensive......People don't realize it's easier for the executor to do these things while you are alive & put your affairs in order with a living trust.
Very helpful. This clears up questions I had.
Thank u who they pick to put .good xplain
Everyone’s situation is complex and different.
My mother died intestate and left 2 homes. My younger sister has “decided” she is the executor and the surrogate court says no. I wrote up the OSC and VC, submitted it to the court and now have a court date, so the executor will be assigned.
There are 2 paid for properties, however. I think my younger sister actually wants to be executor, because she wants to control me and the property I am supposed to inherit, while she lives in the other. This is, in part, to bully me and, in part, to ensure she inherits my property, when I pass.
We’ll have to see what the court in our state says. But, for the moment, I found our stepfather’s will, which states I am to inherit everything and become the successor executor to our mother. Don’t know that it carries any weight yet.
Mr. LSU, I'm still coming back to your videos since I have gone through my probate hearing after 7 months of waiting for that court date, finally being named Executor. I appreciate the time/effort you put into posting your videos.
Mr. LSU, I'm still coming back to your videos even as I near the end of probate. PROBATE is a nightmare and I never want to do it again. As executor, I sold property to avoid capital gains tax only to find that once the money from the sale is distributed, the IRS (through K1 forms from the CPA) is about to HAMMER me. My father is 90 with a will.....he saw what I went through along with the $37k I spent in legal fees...........he's gonna do a living trust.
Thank you
Great video
Event hough my brother is the executor over the property what can I do to remain in the home, where I stay. He is telling me I need to move out within 2 weeks for closing
One question you might help me with is what is a successor? And what does distribution of succession mean I think that's the word much appreciate
What happens in NC when you have no will intestate and your grandparents sign the deed to the neighbors 3 Three months before the first grandparents dies. No pension just Social Security. I was next to Kin no other family. I went to the lawyer he said that nothing you can do.
The courthouse is busy with criminal charges?
I thought they stopped doing that!
ok here we go:
i am executor of dead moms' estate we finally have a short sale agreement however as executor am I liable for 1099-c amount on dead moms vacant house?
Can mom just grant deed to both kids. They sell it and escrow cuts the checks?
Much appreciate your videos what is a revocable trust I believe that means you can change it but would like to call you with your permission thanks
Just come across your page.. my aunt has passed and left myself and 4 other nieces and nepthews her estate, now my father who is executure wants her house and wants to sell his, but his house isn't worth the same amount and is saying he will use mine and my brothers to make the difference
He can’t go against her will. If he’s not opened probate you might be able to. You need an attorney. That’s really sad.
what if the deed of my mother and father are tenants in common and my mother died w/ out a willl but my father has a will and he has executor w/c is my sister whats going to happen to my mother 50% estate do i need to apply for probate?
Can executor appointment herself because father died divorced and two other siblings from other marriage are underage? And can she hide all assets and not sharing it? What right are the other siblings and what can they do?
What if there is no property other than 14000 dollars cash to be split 50/50 do I need a lawyer or go to court to split it with my sister
Good to know! But what if Dave had a spouse who lived in the home and left a will with the instructions that his spouse is to receive none of the proceeds from the sale of his house upon his death? Dave named an executor. But executor can’t sell Dave’s house because Dave’s spouse refuses to cooperate in the sale of the house and the spouse refuses to vacate the house? Tricky to deal with.
Starting at 6:07 you start mixing up Dave with Tom, saying Dave does some things after he is dead !
I am totally confused- there are so many options and procedures are so different- why has it got to be so difficult after we die? Can yo7 help me? I am in London pleaseeeeee!,
He is in AMERICA. Specifically, Louisiana. Our laws do not apply to where YOU LIVE.
What if the executor has a home in trust and has it rented and now wants to sell the home and give me the option to buy her out or me she buy me out her. She has rented out the home since my father died what should I do?
Good question. May be facing this soon myself
I have recently been appointed the executer/personal representative for my father's estate. I had to pay fir the funeral on my credit card. The estate has to go through probate as I am the only heir and beneficiary however the house and cars are not listed in my name with his and he has some credit card debit. My question is should I pay off teh credit card that I added the funeral expenses on or just make monthly payments on it to shoiw it still has a balance before the probate hearing. I was told to keep a spreadsheet of all expenses incurred after his passing to present to the judge.
💕
Pay off your credit card. You should have a funeral receipt. That receipt is what you need. You can pay yourself back from the estate first, before paying his credit cards. Order of estate payout is out of pocket funeral expenses, secured debt, medical bills, unsecured debt, heirs.
My house is under my name in Nebraska. I have a will with 100 going to my spouse so she still has a house. The house is paid off. Should I just do a Transfer Upon Death deed? My spouse is the named executor.
You need to speak to at least two estate attorneys. Not every state allows a TOD deed.
How soon does the home have to be sold?
There’s no time frame.
There IS a timeframe when it comes to the sales taxes in the house.
All of your videos deal strictly with Louisiana. Much of it doesn't apply to the probate case where I'm appointed as in San Diego County CA. If you have a LOA (letter of administration) with full authority in CA, the estate administrator has *FULL AUTHORITY* of the property including the right to deal with squatters in an unlawful detainer suit. The estate administrator or executor of the will has *FULL AUTHORITY* of any and all real estate that's in probate as a property manager or owner. I had to file a UD suit in CA to get rid of squatters in my father's home so it could be sold. One of the squatters was another heir to the estate who is in the process of being disinherited through probate court in a conversion suit. I finally got rid of them mid December 2020 less than two weeks before Xmas. Nothing like getting rid of a criminal probate obstructionist and serving them with a UD suit as a stocking stuffer. They knew they didn't have a legal leg to stand on so they did a voluntary key surrender.
The info in his video is more interesting to the rest of us than your particular situation. You only mention what you did, not how or why. And we care... Why?
@@itsm3th3b33 Because you and others may have to deal with a similar situation.
Thank you for posting, this is my situation. Heir squatters.
What if your a beneficiary but the house has not sold ?
Not put up for sale yet or it is on the market but no sale yet? ..... In either case, you get your share after the house is sold/after the closing.
From my perspective, you did not actually answer the question. I am an executor of my mom's estate. I have the letters of administration. My brother and I are the heirs. We are in perfect agreement. I need to know the practical steps to the process of selling a home. It has no liens. Nothing complicated. Nothing contested. Do I just call a realtor and say let's go? Do I need to do anything regarding deeds.
I’m going through this now. I called a friend of mine that is a successful relator. He’s walking me through everything. My moms house hits the market tomorrow.
This is the way I understand it. Please correct me if I’m wrong.
You need to open a trust account at your bank for the money from the sale of the house to be deposited into.
I’ve been told by the trust company that the money has to stay in that account for 4 months. My question is can we have it in a 5% return within that account while we are waiting the 4 months.
Then the money gets distributed by the estate from that account to the people that were listed as beneficiaries of estate.
Similar situation. Me and sister. Sister signed notarized renunciation, which allows me to handle and sign all probate paperwork without her. Intestate, no will, so filed at probate office to become the administrator. Got the letters from court. Got tax number for deceased dad, online, for free on irs site. Opened estate bank account with the new IRS tax number. It's like a ssn for a deceased person. Published death notices for debtors. Got two realtors to visit, for appraisals to do taxes. Sold house to one of those as is buyers. House sale money goes into estate bank account. Pay deceased debts. Debtors have up to a year from date of published death notice to come forth, depending on the state the deceased lived in. Do deceased final fedtax return. Keep heirs in loop, informed. I send sis copies of bank statements and any probate actions, like the house sale, debt payments. I texted her before accepting the sale price.
It was confusing. I kept wondering "what is court approval". Then I realized the letters I got from the probate office was the "approval".
please script your presentation; rehearse at least an outline of it; your knowledge and expertise are laudable; even so there's room for a more polished performance; it will help some of us fools catch on quicker; thank you for making videos
Lean on house. Lots of Debt medical bills. Etc. etc. etc
I love your videos but honestly, sometimes you make things more complicated than need be. I know this is because of your lawyer background and psychology (a lawyer has to cover all the caveats) but 90% of the time it's fairly straight forward: home owner dies, executor contacts a realtor, house goes on the market, someone buys it, profit goes to the estate to be divied up by the heirs. My mother and my aunt sold my grandfather's house, which was in another state, and the whole process took less than six months. Neither of them is a rocket scientist. If it's not straight forward, someone screwed up or someone is intentionally making it hard.
If you don't need to sell, quitclaim the house to the beneficiary. Let them deal with selling if they want $$
This can create a hefty tax bill unnecessarily.
I can’t believe some of the posts that aren’t able to write properly. Is it that difficult to use commas , question marks and periods ? Also , your and you’re , then and than and to and too make a big difference when articulating a point . 😢