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executor selling my late dads estate

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  • 27-06-2023 12:07am
    #1
    Snipe45
    Registered Users Posts: 3 ✭Snipe45


    Is executor allowed to sell my late Dads estate without all beneficiaries approving

    Post edited by Spear on


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    #2
    gabbo is coming
    Registered Users Posts: 969 ✭✭✭gabbo is coming


    Yep



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    #3
    Jim_Hodge
    Registered Users Posts: 10,711 ✭✭✭✭Jim_Hodge


    It's their job to carry out the wishes expressed in the will. How can they distribute the value of assets without selling the non cash elements. Is it a sale of a particular item that concerns you? And was that particular item bequeathed to a particular person?

    Post edited by Jim_Hodge on


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    #4
    Rows Grower
    Registered Users Posts: 8,035 ✭✭✭Rows Grower


    OP joined the forum 10 years ago and this is their first ever post, surely a record.

    "Very soon we are going to Mars. You wouldn't have been going to Mars if my opponent won, that I can tell you. You wouldn't even be thinking about it."

    Donald Trump, March 13th 2018.



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    #5
    LambshankRedemption
    Registered Users Posts: 6,554 ✭✭✭LambshankRedemption


    https://www.boards.ie/discussion/2058302563/executor-selling-my-late-dads-estate

    The estate, refers to the value of all of their assets. They can't sell the estate, because the estate will probably be made up of many non-cash items of value.

    Unless the will bequeathed the entire estate to just one person, then selling is the most straight forward course of action.

    I'm assuming in your case, the asset you refer to is a house. In that case, yes, the executor can sell it in order to distribute its value among the beneficiaries.



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    #6
    Zander Tasteless Suffix
    Posts: 0 ✭ Zander Tasteless Suffix


    Yes. Give you an example here. When my single cousin, who had no siblings, died in 2015 I was executor. She had the asset of her small house and money from an inheritance. Her will stated that estate be divided among a selection of charities and myself.

    Think here of the beneficiaries, the charities, they naturally had no say in “approving” anything to do with the house sale. I was legally obliged to sell her house to distribute the proceeds to the beneficiaries.

    I’m thinking in your case, OP, that there may be someone in family who perhaps doesn’t want family home or farm to be sold, or something like that. It is possible to contest a will, which sometimes happens in more complex family situations.

    https://www.probate.ie/services/contesting-a-will/contesting-a-will-overview/




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