Legal Question in Wills and Trusts in Maryland

If a person died with an executor and will leaving a piece of real estate to be equally divided among four individuals and after the estate was probated one individual, not the executor, bought another individual's share giving that individual own a one-half share, is the executor still in charge? If so, what are the executor's responsibilities?


Asked on 6/08/10, 9:41 pm

1 Answer from Attorneys

Richard Abraham Abraham & Bauer, LLC

In Maryland, the answer to your question depends on whether the estate was still open or not. If the estate was still opened when the sale/purchase occurred, then the estate still owns the real property and the executor is in control, the money should have flowed into the estate etc. If the estate was closed and the real property properly distributed by a PR (executor's) 's deed any of the 4 owners can sell his/her share as he./she sees fit and the purchaser owns a one half share.

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Answered on 6/09/10, 5:44 am


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