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 In other words when does an Executor can no longer represent themselves as an executor and/or Trustee of a Trust?Is it when the Estate is closed and they were served their discharged papers from the court.?At this point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 14 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 14 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


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.

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