If there are 3 brothers as equal heirs to real property, what are their collective rights?
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If there are 3 brothers as equal heirs to real property, what are their collective rights?
One is appointed the executor. The executor enters into a sales contract for the property without the knowledge of or agreement of the other heirs. The other heirs believe the price is too low. When faced with this, the executor challenged the other heirs to prove the price is too low and they did by receiving a written offer with earnest money for $25,000 more. Can the brother in disagreement stop the sales contract? Does the brother have power to stop the sale as it was made without his agreement? Does the brother have cause for damages against the executor if he sells the property for substantially less than the offer? Can the sale be stopped entirely and the property be relisted?
Asked on May 20, 2013 under Estate Planning, Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Based upon what you have written about the sale can be stopped because the one brother who is the executor of the estate is engaging in improprieties in selling the property to himself without written approval of all other heirs. I suggest that you may want to consult with your own legal counsel to file an objection with the probate court about the property's sale to him.
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