On a PA will, two executors named, five heirs listed on the will.

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On a PA will, two executors named, five heirs listed on the will.

Question: In selling the real estate that was left to the five heirs – can the co-executors sell the property without the consent of all heirs if the other 3 heirs feel that the selling price is below apprised value? Or do the co-executors need consent from all heirs?

Asked on June 26, 2009 under Estate Planning, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most states, the executors have the power to sell the property without the other heirs' consent.  However, the executors have a duty to do what is best for everyone, not themselves, and the heirs can go to court if they believe the executors are violating that duty, and allow the judge to decide, and if the facts justify it, the court can enter an order preventing the sale until the case is worked through.  However, this obviously generates quite a bit of legal fees, which come out of the estate as well.

Whether this makes sense in your situation, and how to go about it if necessary, depends on all of the unique facts of your case and the law of your state, and you will need to see an attorney in your area for reliable advice.  One place to find a lawyer is our website, http://attorneypages.com


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