Can an executor sell the house if the beneficiary doesn’t want to?

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Can an executor sell the house if the beneficiary doesn’t want to?

Asked on December 6, 2012 under Estate Planning, South Dakota

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

The answer to this question depends on how the will is written, but the answer is probably "yes."  Most wills give the executor a great deal of discretion in how to handle property.  In addition, it is sometimes necessary to sell a house in order to pay creditors or distribute shares to beneficiaries. 

I suggest that you speak with a probate attorney in your area about your specific circumstances to see if there is anything you can do to prevent a sale of the house.


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