Does an Executor have that power to sell the house and the money will go to my grandchildren?

Question

My father left me a house in his Last Will and Testament.  In it, states that after my death, it goes to my children and my wife was totally excluded.  It doesn't mention anything about a Life Estate in it, should it?  My sister is the executor, she is stating that she will tell my children they're not entitled to nothing.

Erven Nelson · Answer

I would need to read the Will to give a good opinion.

James Frederick · Answer

Your summary raises a lot of issues hat really cannot be fully addressed in this forum. An executor is required to follow the terms of the Will. You cannot second guess what the decedent "would have wanted to happen," if they wrote their Will differently.  It is not clear from your summary whether your father is still alive or not. Your sister's promise to not honor the terms of the Will is not enforceable.

James Oberholtzer · Answer

The Executor must follow estate law and the Will.  She can sell the house to pay the debts of the decedent or the expenses of the estate.  Otherwise, she must follow the Will.

Brian Haggerty · Answer

If the will specifically devises real property to you ("I give my house to X") then no, the personal representative cannot sell it without a hearing and court order. But your father's will can't make any directions about the disposition of the property after your death, unless the property is left to you in trust ("I give my house to My Trustee, as trustee for X") in which case the will would give directions for how the property is to be managed and when it may be sold. You need a good probate lawyer to read this will and tell you what your rights are.

Dara J. Goldsmith · Answer

You need to actually have the Will reviewed to determine what the Executrix may do.  Also it is important to know the current status of the home, is it paid off, or not.  Another factor that must be considered are the Estate's debts.  Thus, the question you present is not a simple yes or no question.  I suggest you seek counsel to address the specifics of the issues you are facing.

Victor Waid · Answer

Sounds like your father was attempting a life estate, into you with the house to go to your children at death. However, it could be interpreted that your father left you the house outright, in which case you sell for your benefit. You need to obtain the assistance of  probate counsel right away to assist you, as there are inconsistencies in language in the will.

Randy Lish · Answer

The executor's responsibility is to collect the assets of the estate, sell property when appropriate, and distribute the assets according to the will or intestacy laws.

Frances Headley · Answer

If the property goes to you then what happens to it after that depends upon your estate plan.  You should consult a probate attorney to review all of the documents and advise you how to proceed if executor not properly fulfilling her duties.

Mark T. Peters · Answer

You have two or three questions there.  First, yes an executor can sell property of the estate and distribute it to the named devisees.  That is the executor's job.  Second, while it is a life estate, I don't know that there is any magic language that needs to be used.  So, in this case, even though the will does not state that you have a life estate, by giving the house to you for your life, it is in effect a life estate.  As far as what your sister said, that is a violation of her duty as executor.  If any of your children go to the courthouse and look at the will, they will know that they are entitled to the house after you die.  She is opening herself up to claims from your children.

Norman Green · Answer

If the will says, in effect, "I give my house to my son for life and then to his children." then you have a legal life estate, and your children own the remainder interest.  If it says, in effect, "I leave my house in trust, income and use to be for my son for life, and upon his death the remainder of the trust estate shall be distributed to my children," then it is in trust.  Either way, the court is going to require that your children be given notice.  If your sister tells your children that they are not entitled to anything, she may be disciplined and may be sued.  If you want to leave your wife the house, then you can buy the remainder interest.  Other methods also are possible.

John Brennan · Answer

I am not certain you are fully understanding the terns of the will.

Kathleen Delacy · Answer

If Will states to you and after your death to your children, that is a life estate and your children are entitled to the house after your death as remainder beneficiaries.

Jayne Sebby · Answer

An estate must first of all pay all debts, taxes, and administration costs before any bequests can be made.  If there is not enough cash to cover these costs, an executor has the right and authority to sell items that were bequested by the deceased and that may be what your sister is doing.  Even though the specific words weren't used, it sounds lide you were granted a life estate in the property and it would pass on to your children after your death, assuming the property doesn't have to be sold to pay off the debts of your father's estate.

Christine James · Answer

This is a familiar question. It seems you have asked a question before. I strongly suggest you speak with an attorney. Many attorneys will talk to you for little or no cost and answer your question completely once and for all.

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Does an Executor have that power to sell the house and the money will go to my grandchildren?

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