A Massachusetts executor is settling an estate and needs to convey the decedent's property to the beneficiary. The executor has no personal knowledge of the property's title history and wants to limit personal liability. Which type of deed would be most appropriate for this situation under Massachusetts law?
Correct Answer
C) Fiduciary deed or executor's deed, because it conveys only the interest held by the estate without personal warranty by the executor
When a fiduciary such as an executor, administrator, or trustee conveys property in Massachusetts, a fiduciary deed (also called an executor's deed or administrator's deed) is the appropriate instrument. This type of deed conveys only the interest held by the estate and does not impose personal warranty obligations on the fiduciary. The executor acts in a representative capacity and should not be personally liable for title defects that existed before their appointment.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
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