Legal Question in Wills and Trusts in Georgia

Assuming that parent indeed willed the real property parcel to child 1, 2 and 3, the yes. All have to agree. If 2 want to sell and 1 does not, then the proper thing to do is for the one who wants to keep it to buy out the shares of the others. Or the one who wants to keep can sell his/her share to the others. Failing that, then any of the children can bring what is called a partition action. If the property can be equally divided, then the child who wants to retain can have his/her piece separated and the other 2 can sell their shares. If the property cannot be divided, then it will be sold and the money will be divided between them.

The executor can manage the property while the estate is open. The executor may have authority (if granted by the will) to sell the the property if necessary to pay claims. The executor needs to discuss this with the estate attorney. If the executor does not have one, then he/she should get one or at least pay for a consult with one.

The executor's authority is not unlimited. For example, the executor cannot decide to move his mistress and her children into the home to live rent free. Whatever is done has to be for the benefit of the heirs and estate as a whole. If the executor is not acting properly, then he/she can be removed.

if you are a beneficiary and the executor is not behaving satisfactorily, then you need to get your own probate attorney, preferably one who practices in the county where the land is located and the estate is pending as any work will be there.