If my mother’s estate is selling her house and there’s a current offer less than I agree to, can my siblings override me?

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If my mother’s estate is selling her house and there’s a current offer less than I agree to, can my siblings override me?

My brother is executor of mom’s estate. He put her house up for sale and currently has an offer for less than want to I agree to. My sister is in favor of selling as well. It’s only been on the market for a week. I want to wait. Can they override me? What can I do? I understood the court would not let it be sold for less than 90% of appraised value without court approval. House appraised at $460,000. They want to take $410,000 offer. They want an answer from me immediately and I don’t know how to contest. Realtor is pushing to take offer. This house was set to be sold during probate.

Asked on October 15, 2011 under Estate Planning, California

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that have come up.  The reality of the matter is that your brother - as the executor of the estate - does not have to ask your permission to take an offer that is reasonable in this market.  He is actually being quite nice in asking you if you would consent.  The reality is that if he is not in any way breaching his fiduciary duty to the estate he can take the offer.  I do agree that jumping on the first offer seems a bit rash but I do not have before me all the factors going in to this decision like the market conditions in the area, the comparable sales that have taken place in the area lately, etc.  If you have concerns tell them.  You seem to have a good relationship between you.  Money should not get in the way of that  Good luck.


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