What rights do the heirs have?

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What rights do the heirs have?

I am the executor of a Trust. The home is being sold and there are 2 probate on this home. I am the executor of my mom’s Will. I have been approved by the court and I have the letters testamentary. Do the heirs have a right to choose the realtor company to list the home or is that just the responsibility of the executors of the the 2 probates?

Asked on July 8, 2019 under Estate Planning, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The heirs have no right to choose the realtor: it is the executor's role, not the heirs', to manage the estate, including arranging for the sale of any real estate. IF they believed you were doing something improper, such as if you are a realtor and gave the sale to yourself at an excessive commission or cost (thus benefitting yourself at the expense of the heirs), they could file a legal challenge, but that's only if they believe you are doing something illegal or which is negligent (unreasonably careless), a waste of estate resources, or which involves self-dealing (as in the you-are-the-realtor example, finding a way to transfer estate money or assets to yourself)--and, as stated, would require them actually bringing a legal action (lawsuit). Simply prefering a different realtor is irrelevant.


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