If an executor of a will was supposed to sell the houae and split the proceeds between the 3 kids, but makes a verbal agreement to give 2 of the kids the money and lets the other keep the house, is that a legal binding agreement?

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If an executor of a will was supposed to sell the houae and split the proceeds between the 3 kids, but makes a verbal agreement to give 2 of the kids the money and lets the other keep the house, is that a legal binding agreement?

All 3 siblings agreed for 2 to get the money
and 1 to get the house. So far two of the kids
have received their money and the one kid that
got the house it has yet to be put in his name
can the executor go behind his back and sell
the house from out from underneath the kid?

Asked on December 11, 2017 under Estate Planning, Texas

Answers:

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

Answered 3 years ago | Contributor

The Executor has a fiduciary duty to ALL beneficiaries under the Will.  And he or she has a duty to account for all transactions to the court.  Go and pull the Probate file.  It is a public record.  It should tell you everything you need to know.  There should have been an executor's deed to your brother or sister.  If things do not seem right, bring the file to an attorney to review.  You may need to open probate.  Good luck.


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