Legal Question in Wills and Trusts in Ohio

trustee's responsbilities

My husband is trustee of a piece of real estate after his father passed. Do we need to get the deed transferred before we try to sell the property? If so how do we do that.


Asked on 8/06/07, 1:41 pm

3 Answers from Attorneys

Christine Socrates Meyers, Roman, Friedberg & Lewis

Re: trustee's responsbilities

More information is needed to properly answer this question. I am guessing that the real estate is held in a trust, of which your husband is the trustee. If this is the case, the trust must be reviewed to determine what powers the trustee was given in regards to the real estate held by the trust. It would also be helpful to know how the real estate is currently held and whether there is a valid will and trust.

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Answered on 8/07/07, 2:59 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: trustee's responsbilities

Not at the moment. When you complete the purchase agreement, there will need to be two deeds, one transfering the property from your father to his estate and another from his estate to the new buyers. If you are listing this property with an agent, that person should be able to explain this process.

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Answered on 8/06/07, 4:46 pm
David Davies Law Office of David H. Davies

Re: trustee's responsbilities

If the real estate is actually owned by a trust then the death of your father-in-law should not make it necessary to transfer the property prior to sale.

If the property was held in your father-in-law's name then the administrator of his estate should be able to sell it and provide an executor's of administrator's deed to the the buyer.

If you can provide me with more information, I can give you more precise answers. Feel free to give me a call to discuss this further.

Good Luck!

DHD

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Answered on 8/06/07, 9:43 pm


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