Estate Law Questions? Ask an Estate Lawyer.
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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?
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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