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At closing of real estate sale, can proceeds be split between separate checks for heirs? Executor fees pd to family member?

Birmingham, AL |

Deceased mother testate. All heirs agree to sale and terms of sale; therefore probate no involved. At closing, can heirs require that proceeds of sale be issued on separate checks to each individual heir? Also, sibling named as executor in will. Must executor fees be paid or can other siblings (heirs) deny executor fees. Named executor has performed absolutely no services in admin of estate.

Attorney Answers 2


  1. It's highly unlikely that a title company will allow checks to be payable other than the Estate of So-and-So and completely impossible that a title company will allow anyone to sell the property without proper authorization to sell -- the executor will have to probate the Will with the local county's probate court to obtain such authorization.


  2. It's highly unlikely that a title company will allow checks to be payable other than the Estate of So-and-So and completely impossible that a title company will allow anyone to sell the property without proper authorization to sell -- the executor will have to probate the Will with the local county's probate court to obtain such authorization.

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