Executor Estate Sale Dispute

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Summary

As an executor in North Carolina, you must follow the wills instructions to sell assets. Heirs cannot stop the sale unless they contest the will in court. However, a Family Settlement Agreement, if agreed upon by all beneficiaries and the executor, can override the wills terms and must be approved by the court. Consulting a local probate attorney is recommended to ensure all necessary parties are included and to navigate the legal process effectively.

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I'm the executor of my uncles estate. I have began the probate process here in NC. My uncle's will states that all real and personal property that he owned is to be sold and the proceeds/funds split between his two kids. The kids/heirs do not want to sell and want to keep all his assets. Do I have to ask the court to sell assets if those instructions are outlined in the will? Also, can the heirs stop the sale?
Hello ****. As the executor, you are obligated to follow the instructions in the will.
- You don't need to ask the court to sell assets if it's explicitly stated in the will.
- The heirs can't stop the sale unless they contest the will in court.
However, laws may vary. Consulting with a local probate attorney is recommended.
Can they sign a family settlement agreement to not sale his assets? Even if the will explicitly says so?
Hello ****, in NC:
- A Family Settlement Agreement can override the will's terms if all parties agree.
- But, it must be approved by the court.
- This can help avoid selling assets.
Consult a local probate attorney for guidance.
What parties must agree?
Hello ****, in a Family Settlement Agreement in NC:
- All beneficiaries named in the will must agree.
- The executor of the will must also agree.
- Consult a local probate attorney to ensure all necessary parties are included.