If there is no Will, does he executor of an estate have the power to sell anything?

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If there is no Will, does he executor of an estate have the power to sell anything?

We appointed my sister out of 3 sisters as the exector of mom’s estate. One parcel of land; I also have a house on it since we moved 15 years ago. Before we assigned her that title we agreed I would get the house and land, nobody wants to move there. She is now talking about selling the land and house. Does she have the power to do anything she wants without our input or do we all have to agree on the same thing? The estate lawyer will not talk to me now. He says that he represents my sister (executor). Does he not represent all of us because we are all involved? Do I need a lawyer to fight this?

Asked on June 20, 2012 under Estate Planning, North Carolina

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  The lawyer for the estate represents only the estate and your sister as the fiduciary (personal representative).  You need a lawyer for yourself.  That lawyer needs to review all documents involved.  Be aware that oral agreements - when it comes to real property - are not binding.  Please get help.  Good luck.


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