Legal Question in Wills and Trusts in Connecticut
rights of executor
Is it solely the executor's decision to put an estate property on the market for sale? Can an executor named in a will but not yet appointed by probate court refuse to put a proprty up for sale?
Asked on 11/06/07, 2:00 pm
1 Answer from Attorneys
John Heffernan
Heffernan Legal Group, LLP
Re: rights of executor
Unless the will directs that the house must be sold, or otherwise orders a specific devolution of the property, it is up to the executor as to how the house is disposed of - either by sale or by distribution to the heirs directly. An executor named in a will but not yet appointed has no power to do a blessed thing, and must await appointment. It's not a case of "refusing" to put the property up for sale, he/she doesn't have the authority to do so at this point, even if he/she wishes to do so.
Answered on 11/06/07, 2:48 pm