Does the executor of a Will have the authority to make decisions for all of the heirs without their consent?

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Does the executor of a Will have the authority to make decisions for all of the heirs without their consent?

My brother is the executor of my father’s estate. The Will states that everything is to be divided among the children. He has sold property and spent estate money for services without the consent of any of the other heirs. He claims that it is his job and responsibility and that he does not need our consent.

Asked on August 27, 2011 Georgia

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss and for the dissension that has erupted.  Your brother is generally correct: he as the executor of the estate has the right to make decisions that are in the best interest of the estate in order to fulfill the wishes of your Father.  So if he has to sell assets to pay off debt then he can indeed do that.  He is not, however, a dictator and you are not without rights.  If you believe that he is doing something for spite or against the intention of your Father then you have the right to question it through the probate court.  But I would hire an attorney to review the matter fully.  Good luck.  


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