Legal Question in Wills and Trusts in Illinois

In the state of Illinois can a executor of estate sell estate property to herself or himself?


Asked on 11/22/14, 5:54 am

2 Answers from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Not without meeting strict requirements and risking objections.

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Answered on 11/22/14, 6:04 am
Virginia Prihoda Law Offices of Virginia Prihoda

An executor is said to be acting as a "fiduciary", meaning the executor has a duty to act in the interests of the estate and not for himself or herself. If the sale can be conducted without violating this principle, it may be sustainable, but at a minimum the other heirs or legatees should approve the sale, and it may be appropriate to obtain a court order approving the sale to protect the executor.

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Answered on 11/24/14, 10:48 am


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