Legal Question in Wills and Trusts in Virginia
Two executors are appointed in a will. One wishes to sell a real estate asset and the other does not. (Both are beneficiaries). The one not wishing to sell does not have the means to buy the other out and the one that wishes to sell does not want to "hold a mortgage." Can one executor (beneficiary) be forced to sell?
Asked on 7/24/11, 1:18 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Only if the matter is the subject of a partition suit in the circuit court
where the property is located and there is a judicial sale
ordered in lieu of partition.
Answered on 8/21/11, 12:02 pm