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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38202
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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If a fair market value is offered for an estate...For

Customer Question

If a fair market value is offered for an estate...For instance 100k offered for a house during market analys valued at 100k. but the executor refuses to sell because they view it is valued for more....although no offers on this. and they are willing to wait and tie up money even when a fair market value is offered. Can an executor do this. The executor claims they have total control and this is not a democracy. Is this true?
JA: Estate laws vary by state. What state are you in?
Customer: Minnesota
JA: What documents or supporting evidence do you have?
Customer: 2 market analysis done by realtors. we paid 250 each for them. Both came in at same price. an offer was submitted...a stranger no one from family. executor says they decided they want to wait however long it takes even though we have a fair offer
JA: Anything else you want the lawyer to know before I connect you?
Customer: Does an executor have total controland can decide to not listen to any heir if they don't agree with their decision
Submitted: 1 month ago.
Category: Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Can an executor do this. The executor claims they have total control and this is not a democracy. Is this true?

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That is not exactly true.. They do have control over the estate, but they have a duty to the beneficiaries to settle the estate in a timely manner. If the executor is dragging his heels, the beneficiaries can file a "motion to compel" to force the exec to appear in front of the judge and explain the delay and why they are doing what they are doing. If the judge doesn't buy it, the beneficiaries can ask for, and he can order the exec to auction the property at public auction to the highest bidder so the estate can be settled.

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thanks

Barrister

Expert:  Barrister replied 1 month ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister