Can an executor of a Will sell real estate without the consent of the other beneficiaries?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an executor of a Will sell real estate without the consent of the other beneficiaries?
Asked on August 25, 2011 New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
An executor of a Last Will and Testament has a fiduciary responsibility to the estate and has great powers under the New York Estate Powers and Trust Laws to do what is necessary to settle the estate. So, if the estate is in need of cash to settle debt (debts of the decedent or taxes or what ever) or in need of cash to maintain property then yes, he or she can indeed sell property - both real and personal - in order to do so. As long as he or she is acting in the best interest of the estate and not trying to purposely cheat a beneficiary, etc., then yes, they can sell the real property. If you have your doubts as to motive and need please seek outside legal help to inquire on your behalf. Good luck.
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.