Tag Archives: power of sale

Transfer and Sale of Real Estate after Death – the Basics

My previous posts focused more on the technical aspects pertaining to the Executor’s authority to hold title and sell the real estate. After recently handling the sale of real estate from several beneficiaries under a will, I think it will help to provide a more basic analysis of the process.

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The Transfer of Title and Sale of Real Estate after Death — PART TWO

My last blog post focused on how title to real estate passes after death of the property owner. This post will focus on the power to sell real estate after death. The main issue related to the sale of the decedent’s real estate is whether the Executor of the estate possesses the power to sell or the authority to sell. The source of the power will typically be either express or implied.

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The Transfer of Title and Sale of Real Estate after Death — PART ONE

The transfer of real estate at death can be a confusing and frustrating process. Often times the heirs and beneficiaries of the decedent’s estate are left with numerous questions: How does the real estate pass to heirs or beneficiaries? Is the real estate an asset of the estate? Is the mortgage a debt of the estate? How do I acquire title to the real estate? Who can sell the real estate? When and how can I sell the real estate?

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