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Forced to have an estate sale?

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jill.mccall

Junior Member
What is the name of your state (only U.S. law)? GA
My husband and brother n'law are heirs to an estate. They have been bequeathed all property, possessions, etc... They are to share and share alike according to the will. The executor was given a list of wishes from the heirs, one being that they do not want an estate sale. Can the executor force them to have a sale? No where in the will does it state possessions are to be sold.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? GA
My husband and brother n'law are heirs to an estate. They have been bequeathed all property, possessions, etc... They are to share and share alike according to the will. The executor was given a list of wishes from the heirs, one being that they do not want an estate sale. Can the executor force them to have a sale? No where in the will does it state possessions are to be sold.
Does the estate have any debts to pay?
 

Zigner

Senior Member, Non-Attorney
If ALL of the beneficiaries agree to the distribution, then it should be ok. Of course, the items may NEED to be sold in order to satisfy debts owed by the estate.
 

Zigner

Senior Member, Non-Attorney
Is the executor ALSO a beneficiary under the will? Because if s/he is, the s/he would ALSO need to agree. (Remember, I said if ALL of the beneficiaries agree...)
 

anteater

Senior Member
OK....

The executor is insisting on having a sale?

Is there some adversarial relationship between husband/brother in law and the executor?
 

curb1

Senior Member
What assets are involved in the estate? When you asked the executor why there will be an estate sale, what did s/he say? Has this will/estate been submitted to the probate court?
 

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