Can a beneficiary contest and stop the sale of family home?

The sale price agreed upon by executor, however the price may be too low. One of the beneficiaries wants to buy the home but has been denied by the executor because it would involve some cooperation by the other beneficiaries in financing home.

Asked on July 9, 2014 under Estate Planning, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If a beneficiary feels that an executor is not properly doing his or her duty by selling an asset for too little, the beneficiary does have the right to bring a legal action to ask the court to consider whether the sale is appropriate, and to stop it if it is not. The fact that the beneficiary can bring or initiate the action does not mean the court will necessarily find in his or her favor; but again, he or she could legally contest the sale.


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