Legal Question in Wills and Trusts in Pennsylvania
Selling of real estate
Can an executor sell the estate without consulting the heirs? 2 of the 3 heirs do not want to sell and the will states the estate can be sold, pursuant to option. What does that mean?
The executor is not willing to sit down with the 2 siblings to discuss options. We also believe the estate has been over appraised - not worth the value quoted.
1 Answer from Attorneys
Re: Selling of real estate
The executor is authorized to do what the will directs him to do. If there is real estate in the estate that is not specifically designated for one beneficiary, then the executor is authorized to sell the property at fair market value. The executor does not have to consult with the siblings - and he does not have to accept their views on valuation. He is supposed to bring his independent judgment to the job; and generally won't be second guessed unless due to some fraud or self-dealing. I don't understand the reference to an option, so I don't know how that enters into your set of facts.
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