If a property is in trust and the heirs have filed a caveat to change the executor, can the heir sell the personal and residential property?
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If a property is in trust and the heirs have filed a caveat to change the executor, can the heir sell the personal and residential property?
This is a situation I am currently in. The heir is an attorney and has filed the caveat and is attempting to sell/lease the property and sell its contents.
Asked on August 23, 2013 under Estate Planning, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
The caveat is an official notice filed with the Registrar of Surrogate requesting that you not be granted official recognition as Executor of the estate. Is the heir/attorney the trustee of the trust or is the Executor also trustee? It sounds like the heir/attorney may have legal control now and wants to prevent you from obtaining control by filing the caveat. Is that correct? By preventing it even for a short time the heir may want to exercise control over the property while he or she still can. This is a very, very complicated proceeding and you need legal representation. If the heir does something that is not quite legal he or she is riskingtheir law license here as well. Please get help.
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