Can the executor of my dad’s estate accept a sale price without consulting other the heirs?
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Can the executor of my dad’s estate accept a sale price without consulting other the heirs?
Three of my sisters were appointed personal representatives in my late father’s Will; I opted to not be included. Then, due to sisterly disagreements, one sister was appointed the executor of the estate. In the Will, it stated that if the 3 sisters did not agree on a decision, they were to do a majority vote and another family member would be asked to vote in case of a tie. Now, that the one sister is the legal executor, can she accept a sales price on our father’s home without consulting the other 2 sisters? All 4 of us daughters equally share the estate proceeds.
Asked on August 15, 2010 under Estate Planning, Minnesota
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Ok so there is only one actual executrix of the estate despite that the Will would have allowed all of you to be "co-executrices" correct? So although you started out by saying that there were three personal representatives there really is only one. An Executor or executrix has the obligation of fulfilling the last requests of the decedent and to balance that with paying off the legal debt of the estate. In other words the executrix has broad power of discretion in doing what is right for the estate but she can not go against the wishes of the decedent to be spiteful. With great power comes great responsibility but also a right of the beneficiaries to challengee a decision they believe goes against the wishes of the decedent or that is not in the best interest of the estate. But the executrix does not have to confer with anyone. I believe the provision you refer to was placed in the Will should you all be appointed together, correct? It is difficult to make a judgement on this without reading the entire Will. Ask an attorney in your area. Good lcuk.
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