If I am the sole beneficiary of real property in a will but someone else is named the executor, can I liquidate the property? (California)

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If I am the sole beneficiary of real property in a will but someone else is named the executor, can I liquidate the property? (California)

If I am the sole beneficiary of real property in a will but someone else is named the executor, can I use the IAEA to get the executor to liquidate the property for me outside of the court process? Or do I need to wait until distribution to sell? How does that work?

Asked on May 12, 2009 under Estate Planning, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm not sure what you're referring to by the "IAEA" -- and the executor, as a fiduciary, would be taking a very real risk by doing anything not authorized by the California Probate Code and the court.  In any case, a firm answer to your questions would have to be based on a reading of the will itself. So, if you want to pursue this, you need to take the will to a California wills and estates attorney.  One place to find qualified lawyers is our website, http://attorneypages.com

That is not to say that having the property sold by the estate isn't possible;  the estate's expenses directly related to the sale could be deducted from the proceeds distributed to you.  You would probably have to get the executor, and quite possibly all of the other beneficiaries under the will, and the court, to agree to this ahead of time.


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