what is right of executor of a minor

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption