Legal Question in Wills and Trusts in West Virginia
exucator rights
If a person is named exucator of a will by the decedent, and the decedent has 8 children of legal age, can the exucator sign a mineral lease for the 8 heirs?
2 Answers from Attorneys
Re: exucator rights
Without reviewing the Will I cannot give you a definitive answer, but generally the answer to your question would be yes. An executor named in a Will is generally granted broad powers which would include this type of property transfer. The fact that there are other mature children is probably irrelevant. However, I would need to review the Will and gather more facts to ensure that the executor is properly empowered in this case.
Re: executor
My answer is No! Unless the Will gives express or implied power to do so. The ownership of real estate vests immediately in the heirs, subject to administration by the executor.