There are 5 siblings in our family with the oldest being the executor. Is she the only one that sets the price for the

Question

sale of our moms house or do we, the equal beneficiaries, get any say? She has accepted an amount from another sibling without everyone agreeing to that sales price. 
 
Thanks for the answers. The house is in a trust with the 5 siblings all included. Our sister has filed all the correct paperwork and has the right to sale the house which we are fine with, we just want to know who sets the price as we don't all agree on the price she picked.

Bill Sweeney · Answer

A "Notice of Proposed Action" must be given when dealing with the sale of real property in a probate. The personal represesntative of the probate estate gives fhe formal notice. The notice must be writing and sent to the interested persons, the heirs or beneficiaries or anyone or any entity requesting special notice of the probate The notice must be mailed 15 days prior to the date the proposed action will be taken; such as the sale of the house. If objections to the proposed action are made during the 15 day period then a court order is required to proceed with the action. If there are no objections, then the notice of proposed action has been completed.

Bruce Adrian Last · Answer

I am assuming that there is a probate action pending in the Courts by your use of the term executor. If this is a trust, then the rules would be different. (A bit more on that later.) If there is no Trust and a probate action is not pending, you have a significant reason to be concerned. 
 
Mr. Sweeney is correct on the Notice of Proposed Action procedure. However, as this is an inside sale to a beneficiary without the consent of the other beneficiaries, I would require the representative to obtain court approval of the sale if I were representing the executor. 
 
If the Executor is proceeding without following the procedure, or if this is actually a trust matter, and you do not like the deal, you may petition the court to stop the transaction. While this is not the result in every case, my experience is that courts will order a market sale if the beneficiaries do not agree to an "insider" sale. Since this is a potential breach of fiduciary duty, the courts may also have the executor or trustee reimburse your costs and attorney's fees in bringing the petition. 
 
When I see fact patters like this, I become skeptical and wonder if there are other problems with the administration. I recommend that you seek advice from a qualified attorney. If you do not know where to find one, try your local county bar association. Most county bar associations in California run attorney referral services where you receive an attorney consultation for a low or no fee. 
 
Best of luck.

Q: There are 5 siblings in our family with the oldest being the executor. Is she the only one that sets the price for the