Does the executor of Will have more power than others listed in the Will?

My father is executor of my grandfather’s Will (he passed 2 years ago). My father now wants to sell the house to me and my husband. The 4 parties involved in the Will do not agree on the sale price and all but 2 have not responded to the contract. What are my father’s options?

Asked on July 1, 2012 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  Yes,the Executor has much more authority and power to act on behalf of the estate, but beneficiaries can indeed question his or her acts and authority if they think that he is breaching his duty to the estate (like selling the house for under value). Although he may not need their signatures, your Father can ask the court for help if he so chooses. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.