Legal Question in Wills and Trusts in California

Does the Executor of a Will/Trust have the power to put a house up for sale when one of her two heirs does not agree on the sale?


Asked on 2/14/11, 1:28 pm

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

Yes, but you must give the beneficiaries notice and/or petition court for permission, depending on the terms of the Will.

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Answered on 2/14/11, 1:35 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

The answer depends on what powers were given under the Trust and/or by the Order for Probate, but generally yes they can unless a beneficiary is to receive a specific interest in the property (i.e. the house) as opposed to a blanket share in the estate. Notice is, of course, essential.

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Answered on 2/16/11, 1:11 pm


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