It is not as simple under Louisiana succession law as a majority rule in this instance. If the sucession is already open and there is an independent administrator or executor appointed, then they have the authority to make the sale unless another heir or legatee affirmatively pursues court action to stop and obtains an order to prevent the sale. If the succession is not being administered independently, but rather under the normal rules of administration, the administrator or executor would have to obtain court approval to sell real property. The niece could challenge the sale at that time. While the situation is not one of simple majority rule, a judge is very likely to take into account the majority agreement to sell, particularly if it is supported by testimony from a realtor or appraiser that the contemplated sale is reasonable under prevailing market conditions.
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