Legal Question in Wills and Trusts in Michigan

Does an executor have the right to use liquid assets to purchase real estate assets without consent of the other heirs of the estate?
Our mother died four years ago. She was a resident of Michigan. My oldest brother is the executor of her estate and there are three beneficiaries: myself, my sister & my brother (the executor). Much of the estate was liquid assets - cash, retirement funds, etc. However, there is also interest in land in Missouri that is also co-owned by other family members (cousins, etc.), in various trusts. This land has become the sticking point.
To this point, my brother has only done partial distributions of the liquid assets, claiming that he is holding the rest so he can potentially buy out the remaining family on the land. My sister and I have no interest in owning this land, and would rather dispose of our interests in other ways (to the point of giving it away). We do not know how my brother is determining a value for this land or why he believes it would benefit the estate to acquire full rights to it.
Can he legally use liquid assets to purchase the remainder of the rights to this land without my or my sister's consent?

Asked on 7/26/13, 12:37 pm

Timothy Klisz Klisz Law Office, PLLC

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He can if no one challenges him in Court. Hire a probate attorney and object to his actions in the appropriate Court.

Answered on 7/26/13, 2:01 pm

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