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July 31, 2010, 12:36:03 AM

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Site Author : Topic: Changing laws question concerning a home sell  (Read 578 times)
February 23, 2010, 02:00:59 PM
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My MIL died in 09. We are waiting on the sucesion to go through . That should be anyday now. Question is what are the laws we keep hearing about that the house would have to stay in the executors name for so long before it can be sold? Its some new laws I think that arent in effect now. To my knowledge there was never one named as she died without a will. Someone had POA but doesnt that end at death?We keep thinking its all close to a end and someone else throws a curve ball at us.
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February 23, 2010, 04:04:03 PM
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Estate property is never in an executor's name. There are no particular waiting periods. An independent executor can sell the house or transfer it at any time. A regular executor can do the same after getting court authority. Absent a will, the correct term for the person who administers the estate is an administrator. The office of executor only comes about through an appointment in a probated will.

A POA does end at death. At the end of the succession, the heirs are put into possession of their shares of the estate. At that point the property can be sold and there is no waiting period. It can also be sold before a judgment, but only with court approval.
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February 23, 2010, 05:17:53 PM
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Thats what I was thinking but wanted to know for sure. Its someone with the morgage company that we are going through telling my husband that and freaking him out.. Its already been drug out since last summer. If all goes right we shoudl have the property in all siblings names in the next week  or so. Its already been sent to the judge so just waiting in him.lol.. We have our part done as far as we can without the judgements.
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March 30, 2010, 12:47:30 PM
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Well its almost April and we are no further than in Feb. A will may have helped but another parish is dragging thier feet or rear end not sure which..lol.
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