QUESTION
What are my legal rights as an executor of my parents will?
Asked on Jul 19th, 2011 on Estate Planning - Georgia
More details to this question:
If I am executor of my parents will, can my sibling come in and force me to sell their property so he can receive cash? I have no intention on selling the property. I want to keep in the family.
3 ANSWERS
Shadi Ala'i AlaiShaffer
Depends on the terms of the Will. You need to seek legal advice and hire an attorney to advise you properly. You may not have the right to keep the home and your sibling may have the right to request a sale so that he or she can get their portion of the estate/Will.
Answered on Jul 20th, 2011 at 10:59 AM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
Until you are appointed as the PR by a court, you have no rights by being named in a document. Please call us and we can discuss the rights and risks you would face if you accept the position as a PR in a Florida probate case.
Answered on Jul 20th, 2011 at 9:34 AM
Glen Edward Ashman
Your rights as executor depend on the language of the will. Surely you did not attempt this with no lawyer? (If you did, get one now). As Executor you have a fiduiciary duty to the heirs. If you violate it you can be sued. The wording of the will determines what you must do and your lawyer will be best equipped to respond to your sibling after he reviews the will.
Answered on Jul 20th, 2011 at 9:34 AM