Legal Question in Wills and Trusts in New Mexico

Executor for estate

Can an executor sell the deceased property to his son at a price below

market value unfairly reducing the

inhertance of his brother. The deceased's will states that they are

joint heirs of the home.


Asked on 1/26/09, 11:07 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Executor for estate

Not without the express written consent of all heirs. The executor has a fiduciary duty to all heirs and must not benefit one to the exclusion of the other.

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Answered on 1/28/09, 2:37 pm
Scott Linden Scott H. Linden, Esq.

Re: Executor for estate

It sounds like misconduct, but I'd need to see the trust terms themselves to know for certain.

We specialize in trusts and estates so I believe we can help you out, or at least provide you some guidance.

If you would like assistance, please feel free to contact me at the email provided by LawGuru, or through our firm's site at No-Probate.com.

Scott

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Answered on 1/27/09, 3:09 pm


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