Can the executor of a Will sell their parent’s home without the consent of the other beneficiaries?

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Can the executor of a Will sell their parent’s home without the consent of the other beneficiaries?

Asked on July 22, 2013 under Estate Planning, West Virginia

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  Generally speaking, if the Executor of an estate - appointed via the WIll of the decedent - is granted full power to act, he or she does NOT need the consent of the heirs to act, even upon selling the home. However, your state law may indeed limit that power and require that consent be given.  It would really pay for the executor to have the beneficiaries sign off on the sale (i.e., consent to it). This could avoid challenges to the sale under valid grounds.  Speak with an a attorney.  Good luck.


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