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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11541
Experience:  30 years as a practising solicitor.
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My mother died a year ago and left the proceeds from the sale

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My mother died a year ago and left the proceeds from the sale of her house and all possessions to be equally divided between myself and my sister.My sister's husband is executor and has completed probate.My ex husband is also an executor but lives too far away and has not been involved.My problem is that I wish to buy my sisters share of the house ,my brother in-law is not happy with this and has offers from 3 potential buyers 2 cash and 1 with a mortgage.I can get a buy to let Mortgage on the property.Can my brother in-law sell to buyers without consulting me as a beneficiary,do I have any authority in deciding whether to sell.I have been told by him that he decides everything now and I have no say in the matter.Many Thanks for your advice
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
If both the beneficiaries agree that you can buy the property, then the executor has to comply with this. If your sister is not in agreement, then the executor has to act in the best interests of the estate as a whole, and has to act in such manner as will maximise the estate. So you would have to to match the best offer that was received by the third-party buyers.
Generally, an executor has to act in the best interests of the estate as a whole. It is good practice for the executor to consult with the beneficiaries, but the executor does have the final say, especially if there is no agreement between the beneficiaries.
Happy to discuss further. I hope this helps.
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Customer: replied 2 years ago.

Thank you for your reply ,as my ex husband is also a an executor would my brother in-law have to involve him in the final decision ? My ex lives a long way away and has agreed to do whatever he can from a distance ..

Expert:  JGM replied 2 years ago.
Yes, both executors have to consult with each other.