Who is responsible for transferring title to inherited property – the executor or the beneficiary?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who is responsible for transferring title to inherited property – the executor or the beneficiary?
Both of my parents passed away a month apart, several years ago. It was stated in their Will that I would take ownership of land that I once lived on. My younger brother was/is executor of their wills. We need to sell the property that was left to me but to date, I have been unable to get this land put into my name. It’s still in both of my parent’s names. I’ve asked my brother to take care of this but I guess for him, it’s out of sight, out of mind. It’s legally still in my parent’s name and my brother is the executor of their Wills, so who actually is responsible for this property?
Asked on July 20, 2011 Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am sorry for your loss and for your resulting problems. You have asked two different questions here and I will try and help with both. First, has the estate been settled and the assets distributed? If the answer is no then the estate wouldstill be responsible for maintaining the property and the insurance, etc. If the estate has been settled and the assets distributed then it is up to your brother to transfer the property by executor's deed to you. Now, if the property has yet to be transferred because the estate is not yet settled you can not sell it at this point in time. It is technically not yours. So I would consider requesting a formal accounting at this point in time and get things moving. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.