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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 54714
Experience:  29 years of experience practicing law, including tax and estate planning.
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Can the administrator sign a house into s name that my

Customer Question

Can the administrator sign a house into his name that my father owned but has passed. it's gone through court and now we can sell,my brother wants one of the houses. can he sign it in his name without our permission?
Submitted: 8 months ago.
Category: Estate Law
Expert:  Richard replied 8 months ago.

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Expert:  Richard replied 8 months ago.

He cannot! The estate and its assets are not your brother's personal piggy bank simply because he's the executor. The executor has a fiduciary duty to each beneficiary. Each beneficiary is entitled to have the executor timely file the will for probate...usually within 30 days of death..., to timely administer the estate specifically pursuant to the terms of the will, to have the executor provide a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. If the executor fails to timely administer the estate specifically in accordance to the will, you can file a petition with the probate court to have him removed as the executor for breach of fiduciary duty. In your situation, I would put him on written notice by certified letter of the foregoing and let him know if does not satisfy his fiduciary duty to all beneficiaries in the administration of the estate (including if he were to try to misappropriate this property for his own benefit), you will be filing the petition with the court to have him removed and be asking the court to order an audit of the estate.

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Customer: replied 8 months ago.
if he went to a real estate lawyer and signed over the house but we never signed off to give him the house then he does not own the house. and how do we proceed.
Expert:  Richard replied 8 months ago.

If he won't undo the transfer voluntarily, you would want to file a petition with the probate court to have him removed as executor and to issue a court order rescinding the transfer and to impose actual and punitive damages against him for his intentional bad faith in misappropriating estate assets for his own benefit and breaching his fiduciary duty!

Customer: replied 8 months ago.
my question is on the house. if he says he signed the house over but we never signed off that he gets it what do we do
Expert:  Richard replied 8 months ago.

If he won't undo the transfer voluntarily, you would want to file a petition with the probate court to have him removed as executor and to issue a court order rescinding the transfer and to impose actual and punitive damages against him for his intentional bad faith in misappropriating estate assets for his own benefit and breaching his fiduciary duty! It's the probate court through which you need to seek redress because it's your brother's breach of fiduciary as executor.