What rights does an executor have to sell assets withouta beneficiary’s consent?

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What rights does an executor have to sell assets withouta beneficiary’s consent?

My father-in-law passed away with no Will. I believe his home is left to his 2 children. If my sister-in-law (who does not speak with my husband) becomes the executor and tries to sell his home, can she do so without any consent or signature from the only other sibling (my husband)?

Asked on September 6, 2011 under Estate Planning, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your father-in-law passed away without a will or a trust in place and has assets, then his estate will have to be administered through a petition filed in the superior court of the county and state where your late father-in-law resided by some interested person in his estate.

If your sister-in-law becomes the executrix of your father-in-law's estate, she must have letter's testamentary issued by the court appointing her to act on behalf of the estate and cannot sell, dispose, or hypothecate of any estate asset without prior written order by the court.

In essence, if the sister-in-law is handling your father-in-law's estate, she will be under court supervision for all acts that she does concerning the estate where before she disposes of any estate asset the court must give her prior approval to do so.


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