Legal Question in Wills and Trusts in Wisconsin

Executor of a will

After my father passed away, we noticed that he never did sign his will. My sister was appointed the executor of the will. Can she set any value on any item, including an older manufactured home and sell at will? She is planning on selling my father's home for under the value of the home or without an appraisal and how long does she have to divide his assets, if his estate is worth under $20,000.00?


Asked on 3/18/09, 3:46 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: Executor of a will

If your father never signed his Will, then the Will is invalid and your sister has no authority under the Will or at Law. Estates under $50,000 can be transferred to the heirs by affidavit. If you and your sister are the only heirs, according to AZ Law, then each of you are entitled to one half. She has no right and cannot convey good title to a buyer of the home, until the affidavit is filed and title is transferred to the heirs. If she is not working with you honestly and openly, you should take action to make sure that the estate is administered properly.

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Answered on 3/18/09, 11:38 am


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