When does Executors legal rights end?

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When does Executors legal rights end?

When does an Executor of a will/Trustee of a Trust legal rights end? In other words when does an Executor can no longer represent themselves as an executor and/or Trustee of a Trust?Is it when the Estate is closed and they were served their discharged papers from the court.?At this point can they legally sell someone elses interest in a home without their signature on the listing proposed sale contract with a Realtor?

Asked on July 1, 2009 under Estate Planning, Illinois

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

An executor's duties and powers end when there is nothing more to exercise those powers upon, when all of the estate's assets and liabilities have been appropriately distributed and satisified;  the court's acceptance of a final accounting is usually conclusive, also.

If the executor listed a house owned by the estate for sale, without the signature of one of the will's beneficiaries, then the estate would still be active.

What your question doesn't quite say is that you think the executor of an estate, in which you had an interest, acted improperly.  If so, you need to have all of the facts (including any papers) reviewed by a lawyer, for advice you can rely on.  One place that you can look for qualified attorneys is our website, http://attorneypages.com

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

An executor's duties and powers end when there is nothing more to exercise those powers upon, when all of the estate's assets and liabilities have been appropriately distributed and satisified;  the court's acceptance of a final accounting is usually conclusive, also.

If the executor listed a house owned by the estate for sale, without the signature of one of the will's beneficiaries, then the estate would still be active.

What your question doesn't quite say is that you think the executor of an estate, in which you had an interest, acted improperly.  If so, you need to have all of the facts (including any papers) reviewed by a lawyer, for advice you can rely on.  One place that you can look for qualified attorneys is our website, http://attorneypages.com


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