I am inquiring to find out the weight article V carries in a will in the state of Alabama. While it seems to clearly spell out in the power given to the personal representative, how much weight does this really carry?
I know someone who is listed as the executor of a will where there are other siblings who are listed as heirs with equal divisions of the property. There is a house and some lots in the will that have to be sold. The executor was told that even though Article V spells out that the executor (personal representative) is given absolute and discretionary power, executor needs to have the sale of any real estate approved by the court. When executor inquired as why, was told that real estate is treated differently than other property and it was in case one of the other siblings challenged the decision of disposing of the property the way executor deems most profitable. (The will specifically says the property is to be sold and divided). The house in question is setting in the middle of several lots. The lots have highway frontage on two roads. Executors' intention was to sell the house to be moved and then sell the land commercially. Executor is doing this in the best interest of all involved as to trying to get the most money for the property. (The relationship with the other siblings is: they do not even speak mostly due to executor being named executor of the will and have thus far thwarted any and all attempts to communicate. ) The real estate is worth much more this way than it would be just to sell it with a house on it basically as residential property. Executor was told that it was their job to dispose of the property and not treat it as an investment tool to try to increase the value of the property. When Article V was brought up as to the power it seems to give to the executor, executor was told not to rely on that as the basis for doing what their dad wanted done with the property and that one of the other siblings would probably challenge and it would alleviate problems if the sale of any and all real estate was approved through the courts. Article V reads as giving wide discretion to the executor and section C specifically says that: "It is my desire and I direct that my Personal Representative may exercise the powers and authority herein granted indepedently and without prior or subsequent order or approval of any court or judicial authority, including the court having jurisdiction over the settlement of my estate." So does Aricle V give that wide range of discretion to the executor or is their hands tied as to what can be done with the property?
Thanks in advance for any advice!!
I know someone who is listed as the executor of a will where there are other siblings who are listed as heirs with equal divisions of the property. There is a house and some lots in the will that have to be sold. The executor was told that even though Article V spells out that the executor (personal representative) is given absolute and discretionary power, executor needs to have the sale of any real estate approved by the court. When executor inquired as why, was told that real estate is treated differently than other property and it was in case one of the other siblings challenged the decision of disposing of the property the way executor deems most profitable. (The will specifically says the property is to be sold and divided). The house in question is setting in the middle of several lots. The lots have highway frontage on two roads. Executors' intention was to sell the house to be moved and then sell the land commercially. Executor is doing this in the best interest of all involved as to trying to get the most money for the property. (The relationship with the other siblings is: they do not even speak mostly due to executor being named executor of the will and have thus far thwarted any and all attempts to communicate. ) The real estate is worth much more this way than it would be just to sell it with a house on it basically as residential property. Executor was told that it was their job to dispose of the property and not treat it as an investment tool to try to increase the value of the property. When Article V was brought up as to the power it seems to give to the executor, executor was told not to rely on that as the basis for doing what their dad wanted done with the property and that one of the other siblings would probably challenge and it would alleviate problems if the sale of any and all real estate was approved through the courts. Article V reads as giving wide discretion to the executor and section C specifically says that: "It is my desire and I direct that my Personal Representative may exercise the powers and authority herein granted indepedently and without prior or subsequent order or approval of any court or judicial authority, including the court having jurisdiction over the settlement of my estate." So does Aricle V give that wide range of discretion to the executor or is their hands tied as to what can be done with the property?
Thanks in advance for any advice!!