Can a relative by marriage legally sell a property if it is in a deceased person’s name?

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Can a relative by marriage legally sell a property if it is in a deceased person’s name?

Asked on September 28, 2013 under Estate Planning, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Property owned in the name of a person who is no longer alive can only be transferred via an Executor's deed through the probate of their estate. The transfer is not valid otherwise. So if this relative is not the executor or administrator or personal reporesentative of the estate the answer is no. 


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