My mother passed away in November 2010. Her property was left to 5 siblings to be divided. It has been placed on the market however is not moving. My younger brother is the executor of the estate and wants to rent the property to bring in income to pay the taxes. Three of the five siblings are against this. Can he legally do this without all our consents?
Sheila Morales
October 4, 2011
The short answer is "probably" You would need to seek legal advise on what the executor's responsibilties include in your state. Typically this is to carry out the wishes of the deceased while protecting the assets for all involved.
It actually sounds like a good plan to generate some income for taxes, maintenance and the like. Empty houses tend to get run down faster than those inhabited.