Full question:
Are there any restrictions with an heir selling an inherited house to the personal representative of the decedent's estate. Thank you.
- Category: Wills and Estates
- Subcategory: Executors and Administrators
- Date:
- State: District of Columbia
Answer:
The answer will depend on all the facts involved. A personal representative must carry out all the duties of administration in good faith, including the distribution of assets and payment of claims to creditors. Generally, if the assets have been properly distributed, the creditors have been properly paid, and the representative is paying fair value for the property, there is no legal prohibition against selling property to the representative as long as his benefit isn't at the expense of or to the detriment of the decedent's estate.
The following are DC statutes:
§ 20-521. Restraining acts of personal representatives.
(a) On the petition of any interested person, the Court by
temporary order and for good cause shown may restrain a
supervised personal representative from performing specified acts
of administration, disbursement, or distribution, or exercising
any powers or discharging any duties of such office, or make any
other order to secure proper performance of the supervised
personal representative's duty, if it appears to the Court that
the supervised personal representative otherwise may take some
action which would unreasonably jeopardize the interest of the
petitioner. Persons with whom the supervised personal
representative may transact business may be made parties.
(b) The matter shall be set for hearing within 10 days unless
the parties otherwise agree. Notice as the Court directs shall be
given to the supervised personal representative and his attorney
of record, if any, and to any other parties named defendant in
the petition.
§ 20-526. Termination; removal.
(a) Cause for removal. — A personal representative shall be
removed from office upon a finding by the Court that such
representative: (1) misrepresented material facts in the proceedings
leading to the appointment; (2) willfully disregarded an order of the
Court; (3) is unable, for any reason, to discharge the duties and powers
effectively; (4) has mismanaged property; or (5) has failed, without
reasonable excuse, to perform any material duty of such office;
provided, that the Court may continue the personal representative in
office following a finding in accordance with paragraph (5) if the Court
finds that such continuance would be in the best interests of the estate
and would not adversely affect the rights of interested persons or
creditors.
(b) Hearing. — The Court shall conduct a hearing prior to the
removal of a personal representative. Such hearing may be held on the
Court's own motion, on motion of the Register, or on the written petition
of any interested person. The Register shall give notice of such hearing
to all interested persons and the Court shall conduct the hearing within
a reasonable time thereafter. Upon receipt of such notice, the personal
representative may exercise only the powers of a special administrator,
as provided in by section 20-533.
(c) Appointment of successor. — At the time of removal of a
personal representative, the Court shall appoint a successor personal
representative or a special administrator.
(d) Duty of removed personal representative. — A personal
representative who has been removed from office shall immediately account
for and deliver the property belonging to the estate to the successor
personal representative or special administrator.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
