Q: Executor of estate land concerns over buyer's attorney contacting heirs directly.
In a will, it is stated that the executor has sole discretion over the estate land, meaning they can choose to sell it and must divide the profits among the deceased's eight children. The will specifies that heirs do not need to be notified if the land is sold, and there are no attorneys representing the heirs. Recently, a buyer's attorney has attempted to contact the heirs directly, which has raised serious concerns for the executor and some of the heirs. This contact was neither discussed nor agreed upon with the buyer. What actions can be taken to address this situation where the buyer's attorney is reaching out to the heirs without any basis related to the will?
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A:
You're right to be concerned, especially if the will clearly gives the executor full authority to handle the sale without needing heir involvement. In Georgia, if the executor has been legally appointed by the probate court and the will grants them discretion to manage the estate land, including selling it, then they alone have the power to negotiate and finalize the sale. The buyer’s attorney contacting heirs directly—when those heirs have no legal say in the sale—can be inappropriate and disruptive.
There’s no legal basis for the buyer’s attorney to bypass the executor unless there’s a claim that the will is invalid or the executor is acting outside their authority, which doesn’t appear to be the case here. You have every right to ask that all communication go through the executor or their legal representative. A formal written request can be sent to the buyer or their attorney instructing them to cease direct contact with the heirs, especially if it's causing confusion or distress.
This kind of outreach can complicate the process and even risk the sale falling through, so it’s smart to address it quickly. If it continues, the executor may want to involve their own attorney to enforce boundaries and protect the estate’s interests. You're doing the right thing by stepping in to keep things on track and respectful of the legal structure already in place.
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