what is right of executor of a minor

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what is right of executor of a minor

in NC can an executor choosen by a will legally put property left to a minor up for sale without advising the minor parent

Asked on May 6, 2018 under Estate Planning, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, the executor can, since the executor could sell the property even if left to an adult: that is, the consent of the beneficiary, or his/her legal guardian, is not required. The executor must follow the terms of the will, must act loyally to the interests of the beneficiary(ies), and must show reasonable care in how he manages or sells assets--but assuming that he does those things, he can sell the property. So, for example, if the will does not mandate that the property be turned over as is to the minor, if it would be better for the minor to sell it and turn the proceeds over to him/her, the executor may do that.


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