Elsberry, MO asked in Probate for New York

Q: Can a sole executor of a will (also a beneficiary) sell real property without the other beneficiaries approval ?

Both parties have equal share of real property stated in will.

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2 Lawyer Answers
Bonnie Lawston
PREMIUM
Bonnie Lawston
Answered
  • Probate Lawyer
  • Huntington, NY
  • Licensed in New York

A: The executor has the right and obligation to administer the estate which generally means selling the real property as soon as reasonable possible and appropriate. The executor must do what’s right for the estate and maximize the inheritance no matter who is the beneficiary.

Elaine Shay agrees with this answer

Elaine Shay
Elaine Shay
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: The court appointed executor is tasked with the duty to administer the estate, which generally includes selling off assets such as real property in order to make distributions to the named beneficiaries. Provided the executor is fulfilling his/her fiduciary duties, there is no requirement for the executor to consult with beneficiaries when making these decisions although many will do so.

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