Legal Question in Wills and Trusts in Ohio
Can executor sell property before death?
My grandmother has altzhimers & is in a nursing home. My uncle had been executor of her estate until he passed away. His daughter,(without all agreed),has taken over as executor & has sold my grandmother's house, as well as sold, or given away all of her personal property & is trying sell family plots that my grandmother had purchased for all of us. She did not make an inventory of anything that we know of, and did not contact all of the parties involved before these sales were made. My mother is the next closest relative & doesn't want any problems. My brothers & sister know our mother is being taken by being told by our cousin that the nursing home only accepts cash & does not take insurance. Can we call for an audit now,or do we have to wait until our grandmothers death? Isn't there guidelines our cousin has to follow? Can we over ride her descisions? What does she have to do by law?
3 Answers from Attorneys
Re: Can executor sell property before death?
An executor has NO power under a will until the person who made the will is dead. Any transfers made by your grandmother can be presumed to be fraudulently done, unless the person doing it held your grandmother's power of attorney.
Re: Can executor sell property before death?
An executor is normally named by will, but doesn't have authority to act under the will until the will's author dies. Grandmother remains alive, so has no acting executor.
If uncles daughter has sold grandmothers real estate, the logical question is how grandmothers signature got on the real estate deed. Finding out the answer to this question might be an appropriate next step assuming other facts not set forth in your question don't suggest a more appropriate first step.
Re: Can executor sell property before death?
Your grandmother probably needs a guardian. Your cousin may have been appointed as her guardian. Check the county probate court where your grandmother resides. If she has not been appointed as guardian, then she may be acting under a power of attorney--ask for a copy to check the date, etc. to see if your grandmother would have been competent to sign it. Check the title of the deed to the house to see who actually owned the property. Your cousin could only transact business on behalf of your grandmother if she is a legally appointed guardian or has a legally valid power of attorney. I suggest you contact an attorney to assist you if you can't verify any of the above.
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