Who is responsible for transferring title to inherited property – the executor or the beneficiary?

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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 10 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. 


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