QUESTION
Does the oldest child become head of the estate if both parents died?
Asked on Aug 19th, 2015 on Estate Planning - Pennsylvania
More details to this question:
Can he sell everything off without the others agreeing? Both parents passed. There are four children all over 21 years of age. Oldest son wants to sell everything but other kids do not. Will states that everything should be sold to clear debts. One child wants to buy both houses for what is owed on the mortgage. Oldest child wants to sell to outside the family for a profit. Three of the four children do not want to sell to outside of the family.
1 ANSWER
3 Awards
The head of the estate is called the Executor or Administrator. Executor if he or she is appointed in the will. Administrator if there is no will, or for other reasons that the named Executor cannot qualify. If there is no will, and therefore no named Executor, the court can appoint an Administrator. Next of kin can petition the court for appointment as an Administrator. So, unless one all the siblings agree on who should be Administrator, the ones that want to be Administrator, can fight it out in a hearing before the Register of Wills. I would suggest you all meet with an attorney who can tell how this works, otherwise this situation will get out of hand.
Answered on Aug 20th, 2015 at 11:11 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900