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Who owns real property sold by an executor of a will prior to the close of probate?

Does the legatee of personal property, which was on real estate sold to another by the legator's estate, have any rights to that property after the sale of the real estate? helps a bunch spock

Public Comments

  1. I would think that real property will follow different guidelines. Instructions could have been given in the will for the real property to be sold in order to expedite the closing of probate. Your best bet would be to get in touch with legal council in your area Good luck I would also think that once the sale of the real estate has been closed you would not have any rights to it. Very few people buy real property without a title search and title insurance. This means the buyer team has checked the title out as far as who owns it and is insuring that title against outside claims As far as getting the property back goes it's doubtful but you may be able to go after the executor. Careful that's a slippery slope you're on. You could end up costing yourself a lot of money and doing irreperable damages to any relationship you have with all parties concerned.
  2. more details will be needed. and probably an attorney. example: let us suppose that a 1920's era armoire [furniture piece] was in the home of the deceased when he died. After the Will is read and the heirs contacted, etc., the person named to receive the armoire has a reasonable time to collect it. "reasonable time" probably means days or even a couple of weeks, but not months. If executor then sells the house [as he is supposed to do anyway] some 3 months later and the armoire is still there -- the heir to whom it was given will be deemed to have abandoned it and ownership transfers with the house. does this help?
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