What rights does an executor have to sell assets withouta beneficiary’s consent?

UPDATED: Sep 6, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 6, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What rights does an executor have to sell assets withouta beneficiary’s consent?

My father-in-law passed away with no Will. I believe his home is left to his 2 children. If my sister-in-law (who does not speak with my husband) becomes the executor and tries to sell his home, can she do so without any consent or signature from the only other sibling (my husband)?

Asked on September 6, 2011 under Estate Planning, Massachusetts


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your father-in-law passed away without a will or a trust in place and has assets, then his estate will have to be administered through a petition filed in the superior court of the county and state where your late father-in-law resided by some interested person in his estate.

If your sister-in-law becomes the executrix of your father-in-law's estate, she must have letter's testamentary issued by the court appointing her to act on behalf of the estate and cannot sell, dispose, or hypothecate of any estate asset without prior written order by the court.

In essence, if the sister-in-law is handling your father-in-law's estate, she will be under court supervision for all acts that she does concerning the estate where before she disposes of any estate asset the court must give her prior approval to do so.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption