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