Q: I have a client who is selling the house of his deceased parents. He is the executor of their estate. He wants to exclude his siblings, who are all estate beneficiaries, from any updates on the sale of the house. What should I do?
A: Being beneficiaries does not obligate the listing agent to provide the siblings with transaction updates. But you must first determine whom the brokerage represents and who has authority to sell the house. Beneficiaries do not automatically become brokerage clients just because they will receive sale proceeds at closing.
The important first step is for the brokerage to determine if they represent all the siblings as sellers. If all the siblings are clients under the listing agreement, the “executor son” cannot demand that the agent withhold transaction information from his siblings.
Before excluding the siblings from all communications, the agent should have the broker and estate attorney confirm:
The listing agreement: Is the brokerage’s client the “executor son” or all the siblings individually?
Authority to sell: Review the court appointment, will, and any license to sell or court restrictions. Appointment as executor does not establish unrestricted authority to sell real estate; Massachusetts requires a qualifying power of sale in the will OR a court-issued license to sell.
If estate counsel confirms that the brokerage represents only the “executor son” and he has sole and legal authority to sell, the agent should follow his instruction to route all updates through him.
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