Legal Question in Wills and Trusts in Ohio
questionable home for sale
My grandfather's will states that his estate be divided equally between my brother, my two sisters, and myself. My brother was named executor. My brother had the house appraised and put a for sale sign in the front yard. Is he legally able to do this without the three of us? The house is in all four of our names. He came up with the sale price without discussing this with us. Is he able to override us and sell the house without our consent?What should we do?
1 Answer from Attorneys
Re: questionable home for sale
An Executor may have authority to sell a house under either the powers granted in the Last Will and Testament or those contained in the state statute (with Probate Court approval). If the house is actually titled in the names of the 4 siblings, then he would not have authority to sell it because it is not a probate asset. If you say it is owned by all four of you because the estate is eventually split 4 ways, unless it was a specific bequest naming the house to go to all 4 of you, he probably has authority as Executor to sell it. I would contact an attorney and have the will reviewed to make sure.
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