Legal Question in Real Estate Law in New York

As executor of my Dad's estate, I now have the ability to list and sell his home per letters testamentary. There are several of us as beneficiaries. Can I list and sell the house on my own (as executor), as desired by the majority of beneficiaries? There is one holdout who does not want to sell the home, but rather just let the estate "linger on" for now (while paying the bills). Are the beneficiaries all supposed to agree to sell and sign off on any real estate contract? My sibling is saying she wants to hold on to the house and will not sign any papers for the house until she is "ready," a couple of years from now or more! I believe I can list and sell the house on my own without her approval, because the majority of beneficiaries want to sell the home now, the collective rights of the majority are more important, and the estate has to close in a "timely manner." The holdout will not consider buying the others out for their share of the home. Help!

Asked on 4/09/17, 5:51 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

You are the executor and unless the will says something else, you have absolute authority to sell the house, and I think almost every probate lawyer would advise that you do so asap. It's not a democracy; you're the executor and that's that. Your sister can yell all she wants she has no say in the matter.

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Answered on 4/09/17, 6:53 pm

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