# Brother won't agree to executor sale of house



## onekeano (10 Apr 2013)

Hi, a friend of mine is the executor of her parents estate. They died a few years ago and the family were in 2 minds about selling the old family home or renting it out.

There are 4 in the family and because of economy, 3 of them have decided the either want to a) rent the house to get some income (c. €20k total p.a.) or b) sell the house and split the funds equally as per their parents wishes.

One brother however has decided that he will not agree to renting the house and is prepared to sell but not at the current market rate.

Two questions arise 1) can 1 party stop the sale if the sale is at the market rate (for example at auction)? and 2) can she, as the executor, request the family solicitor to realise ALL of the assets (house / car / share /bank a/c) and distribute equally among the beneficiaries without the consent of all parties?

Any advice would be much appreciated.

Roy


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## Padraigb (10 Apr 2013)

An executorship is not a democracy. While an executor may take account of the wishes of beneficiaries, she is not bound by them. The legal presumption tends to favour the realisation of assets without undue delay.


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## Eithneangela (10 Apr 2013)

+1. Executor must carry out the wishes of the deceased according to the will. That means that all assets must be realised and shared between beneficiaries as soon as possible (in fact I think there's a time limit on this). So, my advice is to sell the asset and apportion the funds as detailed in the will. I was executor for my mother two years ago, similar situation, one brother living in the family home (free), who did not want the house sold. I had to proceed in accordance with the terms of the will which stated that all assets were to be divided equally between the children. In order to make the house shareable, it had to be sold.


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## onekeano (11 Apr 2013)

Eithne & Padraig - thank you very much for the advise, it's very helpful.

Roy


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## Bronte (15 Apr 2013)

onekeano said:


> One brother however has decided that he will not agree to renting the house and is prepared to sell but not at the current market rate.


 
There's always one.  Sell and don't rent is my advice.


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## Vanessa (29 Apr 2013)

Bronte said:


> There's always one. Sell and don't rent is my advice.


 

Three want to sell and one dosent. The legal position is as stated above. The property can be sold to realise the wishes of the deceased in diividing the property among the four


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