Elizabethton, TN asked in Estate Planning and Probate for Tennessee

Q: Can the person that is the executive over the will sale the house without the ok from other siblings.

Mother passed away left nice house to three daughters one of them executive of will and she just want to sell for whatever. Doesn't all have to agree on price.

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1 Lawyer Answer
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Has a Will been filed for Probate? If so then read it. If specific real property is devised to the three daughters, then all three own as tenants in common. If not, the executrix may have the authority to sell assets and distribute the net proceeds to all beneficiaries. If she has the power of sale, she has the discretion to sell less than fair value. And it will be difficult to remove her for breach of fiduciary duty. If no Probate then all three take as heirs under intestate succession.

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