Silver Spring, MD asked in Estate Planning for Maryland

Q: The executor of the estate want to transfer home deed to other person before closing the estate.

The executor of the estate wants to transfer of deed of the house to my husband before the estate is close. There is an active claim against the estate that is being contested. Can the executor do the transfer before closing the estate? Or can the house be sold to my husband for an specific agreed amount before estate closes. The estate has being open for almost 2 yrs and Covid19 is not helping.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: The estate cannot close without court approval of the final account, and the resolution, settlement or termination of all claims pending against the estate. Distributions to heirs ordinarily must await final approval of the account, but partial distributions are possible so long as sufficient assets remain in the estate to pay all outstanding claims and administrative expenses and fees, including claims not yet resolved. The PR can sell estate property and deposit the sale proceeds into the estate account, as that does not change the value of the estate, but the sale must be on terms reasonable and fair to the estate and generally for fair market value. An unusual or large distribution, like real property, ahead of approval of final accounting for the estate or the resolution of large claims against the estate, may require a court review and order approving it.

Cedulie Renee Laumann agrees with this answer

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