If my brother is the executor of my parent’s Will, does he need to get premission to sell the property from the other brothers/beneficiaries?

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If my brother is the executor of my parent’s Will, does he need to get premission to sell the property from the other brothers/beneficiaries?

There are 7 brothers and only 1 is stopping the sale of property. Since my brother is executor, does he need his OK?

Asked on March 28, 2012 under Estate Planning, Michigan

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

Technically he does not need permission.  It is always politically correct to keep beneficiaries apprized of the estate administration but ultimately it is the choice of the executor as to how to dispose of assets in accordance with the will and state law.

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  Generally speaking, the executor has the power to act independent of the wishes of anyone except the testator (your parent whose will he is administering).  So no, he does not have to have consent to sell as long as he is not breaching any fiduciary duty either.  But I caution you and he: the issues surrounding the matter should be resolved amicably between al of you for family sake.  Or as best as you can.  Good luck. 


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