If I am the independent executor of my dad’s estate, can I sale my dad’s home to settle debts?
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If I am the independent executor of my dad’s estate, can I sale my dad’s home to settle debts?
The title wants my sister to sign the deed but I cannot reach her at all. Also, I have had my dad’s Will probated by the court. So again I thought the Letters of Testamentary gave me the powers to settle all debts of the estate, even if I need to sale properties.
Asked on August 16, 2014 under Estate Planning, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I am so sorry for your loss. I hope that you are not doing this with out help from an attorney or at the very least on a consultation basis. If you have full letters given you by the court, and you have given the beneficiaries proper notice and they have either failed to appear and object then you have the power to do what is necessary to finalize the estate. Did you post a bond when you were appointed? That is your insurance against claims. But maybe you can figure out what would be her share after the debts are paid and place it in escrow at closing to satisfy the title company. Again, use a professional here. Good luck.
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