Estate Law Questions? Ask an Estate Lawyer.
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The executor is charged with managing the estate and carrying out the final wishes of the deceased. The executor is required to act in a prudent manner in dealing with the estate issues including sale of assets. The executor is not bound to listen to the desires and suggestions of the beneficiaries.One purpose for an executor is to eliminate group decisions by beneficiaries. The executor stands in the shoes of the deceased in dealing with the estate.
The executor is not all powerful. Prior to any sale of assets the executor must typically obtain court approval for the sale. Beneficiaries can challenge the sale which can delay or block a sale for an extended period. In deciding whether to approve a sale or not, the court will not necessarily look for the best price, but it may certainly determine the land must be sold for a commercially reasonable price. If the executor understands a potential obstacle to a quick sale will occur it might stop a quick sale.
Another option is to ask the executor to "partition" the property each share being about 28 acres. Each owner then has to decide what price they are willing to sell for.
It is also possible to petition the court to replace the executor. The court could determine some other non beneficiary party should be the executor.
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