Can I wholesale a home if I’m the executor of the will?

[Mike Schorah]

Edit: I MADE A MISTAKE IN THE SUBJECT… THERE IS NO WILL.

I know a lot of people on here hate wholesaling. Hope you answer this question with decency.

My grandmother is dying. Her only child that's still alive is my uncle. He has a drug problem, doesn't work and can't afford the home. The ARV of the home would be around $500k and it's paid off. My grandmother's brother wants to make me executor of the estate and also wishes to sell the house since my uncle can't afford it. He wants to set up a trust for my uncle to receive monthly payments somehow. He wants to get my uncle a much smaller house that he can take care of. The house needs extensive updates.

If I’m executor of the estate, could I legally wholesale this house? I’ve learned a lot about wholesaling, have learned about the benefits of wholesaling, and have built a network of connections. It seems to be a better idea since we’re in a buyers market, since the house needs extensive updates, since we can avoid the expensive realtor’s commission (please no comments from realtors preaching how nice it is to pad their pockets with a commission), and since we need to sell the house quickly to avoid foreclosure due to my uncle not being able to pay taxes or even utilities.

[John Clark]

Quote from @Mike Schorah:

If I’m executor of the will, could I legally wholesale this house?

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I doubt it. You have a conflict of interest. Your almost certainly have a fiduciary duty to the estate and its heirs, which means maximizing the value of the estate. Wholesaling, by definition, involves buying a property for less than it is worth, selling it on, and pocketing the difference. I doubt you could reconcile the two, particularly where there is a third party (uncle) involved.