Legal Question in Wills and Trusts in New Jersey

Re: Rights of executor of estate to sell family property.

The answer may depend on the language of your mother's will. However, the executor often has power of sale to sign the closing papers, deed, affidavit of title, etc.

Nevertheless, the buyer's title company will often require the beneficiaries to join in the deed to be certain that all the potential propery owners [heirs] have transferred their interest in the property.

Re: Rights of executor of estate to sell family property.

I agree with Jon, but since you did not mention if any of the children also lived there, possibly using the house as a marital residence, more signatures may be required. To be on the safe side, some title companies want not only the Executor to sign, but also the heirs and, possibly their spouses as well. This assures that all interested parties have signed off. Additional documnents may also be needed, such as an inheritance tax waiver, affidavit regarding estate debts and expenses and without them the sales proceeds may be held in escrow and not released until received. If you or she needs help, contact me directly.

Re: Rights of executor of estate to sell family property.

Usually, an executrix has the authority to sell the assets of the estate. First, in NJ there is a restriction on the sale for the first year because NJ Inheritance and NJ Estate Taxes must be escrowed.

If the will provides for a specific beneficiary for the property, then the title company require signatures.

I hope this helps!

Ron Cappuccio

http://www.saveyourestate.com