Should a personal representative or executor of a probate estate sign the standard real estate contract presented by a real estate agent?

No, absolutely not! It is important to have an experienced attorney review such a document as there are several important changes to the form that will insulate the personal representative / executor from possible liability. The personal representative / executor rarely knows all about the real estate and should not represent or “warrant” anything concerning the property about which that individual is not informed.

Catherine R. Mack

I am an estate planning and estate litigation attorney who has been practicing law for many years. Based in Bethesda, Maryland, I work with clients in Montgomery County and throughout Maryland, the District of Columbia, and Virginia. My practice focus is 1) estate planning (wills, trusts and ancillary documents), 2) probate (the publication and effectuation of a Will through the local court) and 3… Read More

What not to do when leaving a home to an heir - The Washington Post , Feb. 22, 2020

By Ilyce Glink and Samuel J. Tamkin Feb. 19, 2020 at 6:00 a.m. EST Q: I just read your column giving suggestions to an elderly mother who wanted to make sure her daughter received her home at death without probate. I’m a retired attorney, and I don’t know how many times I was asked the same question by clients over the years. There’s one thing that you didn’… Read More

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Should a personal representative or executor of a probate estate sign the standard real estate contract presented by a real estate agent?

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