Legal Question in Wills and Trusts in Missouri
My mother passed away in February. There are four children. All were in the will and my brother was named the executor. My mother has a beneficary deeds for her house and a farm. Can my brother, the executor, sell it without us signing off on any of this? What power does the executor really have?
2 Answers from Attorneys
You didn't tell us who the beneficiary deed left the house and farm to. The beneficiary deed overrides the will. Whomever is named as the owner in that deed(s) is the owner -- period. It doesn't matter what the will says. Whoever that is can do whatever they want. The executor - technically the Personal Representative - has the powers granted under the will and law, but ONLY as to Probate assets - generally those in the name of the decedent alone, and for whom no other provision, such as a Beneficiary Deed, has been made. Additionally, the Personal Representative/Executor has NO authority until the will has been admitted to Probate and the Personal Representative has been appointed.
Your question emphasizes the need to do comprehensive planning with a competent lawyer.
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If the beneficary deed has been recorded, then it supercedes the power of the personal representative. If it is not recorded, the personal representative may be able to sell the house and land, but may need court approval.
Good luck
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