Can an executor of a Will sell real estate without the consent of the other beneficiaries?

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Can an executor of a Will sell real estate without the consent of the other beneficiaries?

Asked on August 25, 2011 New York

Answers:

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

Answered 10 years ago | Contributor

An executor of a Last Will and Testament has a fiduciary responsibility to the estate and has great powers under the New York Estate Powers and Trust Laws to do what is necessary to settle the estate.  So, if the estate is in need of cash to settle debt (debts of the decedent or taxes or what ever) or in need of cash to maintain property then yes, he or she can indeed sell property - both real and personal - in order to do so.  As long as he or she is acting in the best interest of the estate and not trying to purposely cheat a beneficiary, etc., then yes, they can sell the real property.  If you have your doubts as to motive and need please seek outside legal help to inquire on your behalf.  Good luck.


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