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Published byRachel Stewart Modified over 9 years ago
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Personal representative must manage property with the care that a prudent person would take of his or her own property. ▪ PC § 230 ▪ EC § 351.101
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PR may need to sell estate property to pay debts and expenses.
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Order of property sold ▪ PC § 322B ▪ EC § 355.109 1. Property passing by intestacy 2. Residuary property (personal first, then real) 3. General bequests (personal first, then real) 4. Specific gifts of personal property 5. Specific gifts of real property
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Court permission needed in most cases ▪ PC § 331 ▪ EC § 356.001
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Avoid hassle of getting court permission by authorizing sales in the will ▪ PC § 332 ▪ EC § 356.002 Freeman v. Tinsley – p. 141 Special rules for independent administrations ▪ PC §§ 145A & 145C ▪ EC § 401.006 & Chapter 402
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Avoid self-dealing (PR cannot purchase estate assets) ▪ PC § 352 ▪ EC § 356.651 Exceptions ▪ Express permission in will ▪ Court permission if in best interest of estate ▪ PC § 352 ▪ EC §§ 356.651-356.655 In re Estate of Hernandez – p. 144
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Without court permission ≤ 1 year Must be in best interest of the estate ▪ PC § 359 ▪ EC § 357.001 With court permission > 1 year ▪ PC § 361 ▪ EC § 357.002
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PC §§ 367-372 EC Chapter 358
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