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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
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Experience:  Estate Law Expert
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If I'm executive of my deceased mothers estate and I divide

Customer Question

If I'm executive of my deceased mothers estate and I divide up the real estate evenly and fairly do I have to have the other siblings sign off on this
Submitted: 2 months ago.
Category: Estate Law
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Technically, no.

You don't necessarily divide up the estate "evenly and fairly", you divide it up according to the will or, if there is no will, then you divide it up according to the laws of intestate succession.

Many courts ask you to get the heirs to sign off on the order as you give them their share but the laws don't actually require this and you can't really require it before giving them their share.

If they will sign off then you should get them to do so since it can save you from being sued later but if they refuse then you just set the order for a final hearing, send them all notice, and then the judge will sign off on the order and release you from your duties and obligations.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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