Monday, September 14, 2015 3:58:02 PM
Suppose you were the estate trustee or executor for a deceased person who claimed to own a house and left it to their son, John. You are notified of a court case from a third party which casts doubt on whether the decedent was the legal owner of the house.
John is pestering you to transfer the house title to him so he can sell it.
Would you transfer title to John knowing there is a quiet title action pending on the property and that fraud has been alleged against the decedent?
If you did, what type of liability might you have exposed yourself to:
(1) from John (you may assume he sold it and is now obligated to repay the third party, and he sold it below market or the market has moved up since the sale date - or he spoiled it)
(2) from the third party contesting the property title in court
(15 points)
Consider the estate trustee/executor to be in a somewhat analogous position to E*Trade.
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