Legal Question in Wills and Trusts in Illinois
Can the executor sell teal estate without agreement from heirs
3 Answers from Attorneys
Generally, Yes. However, if the specific piece of property was left to one or more of the heirs under the terms of a Will, the Executor has to honor the terms of the Will. If the title to the property was held by more than the decedent, the title will control and the Executor's powers may be limited thereby. Best answer is that it all depends. . .
An executor is appointed by the court to carry out the terms of the will for the benefit of the beneficiaries. If there is no will, an administrator is appointed for the benefit of the heirs. In either case, there may be limitations placed on the actions of the executor or administrator if the case is subject to court supervision, requiring a court order for a sale to be completed. Then, if there is a will, the instructions in the will must be honored. Yes, it all depends.