If an executor of a will was supposed to sell the houae and split the proceeds between the 3 kids, but makes a verbal agreement to give 2 of the kids the money and lets the other keep the house, is that a legal binding agreement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If an executor of a will was supposed to sell the houae and split the proceeds between the 3 kids, but makes a verbal agreement to give 2 of the kids the money and lets the other keep the house, is that a legal binding agreement?
All 3 siblings agreed for 2 to get the money
and 1 to get the house. So far two of the kids
have received their money and the one kid that
got the house it has yet to be put in his name
can the executor go behind his back and sell
the house from out from underneath the kid?
Asked on December 11, 2017 under Estate Planning, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The Executor has a fiduciary duty to ALL beneficiaries under the Will. And he or she has a duty to account for all transactions to the court. Go and pull the Probate file. It is a public record. It should tell you everything you need to know. There should have been an executor's deed to your brother or sister. If things do not seem right, bring the file to an attorney to review. You may need to open probate. 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.