Executor sibling is selling house without my agreement or going to Probate Court

Asked over 1 year ago - Jersey City, NJ

I inherited property equally as stated on will of parents along with two siblings. One sibling who is executor said she is selling to highest offer and does not need my consent. I told her the estate is in probate and I will object to the sale, and I offer to buyout the other heirs their share. But I said I will pay the fair market value, not their listing price. I further stated the high offers will be lowered or cancelled after the buyer does inspection. Sibling insists she is selling "as is" and can go to closing with a buyer without my signing or going to Probate Court. How can I buyout their shares at a price after making concessions for necessary work on the house. I had sent a letter of intent to purchase to the estate attorney, but I did not state a purchase price.

Attorney answers (4)

  1. Lawrence A Friedman

    Contributor Level 18

    4

    Lawyers agree

    Answered . Depending on the will terms, your sister may be right. However, you may be able to block the sale through a court application. I urge you to consult experienced estate counsel. I'm just down I-78 from Jersey City.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law... more
  2. Joseph Michael Pankowski Jr

    Contributor Level 18

    2

    Lawyers agree

    Answered . Attorney Friedman is correct. Your best chance of stopping the sale is to retain an experienced probate lawyer in the state where this matter is being probated. The attorney will advise you of the necessary steps to take in order to convince a court that the property should be sold to you. If the estate is in New Jersey, you would do well to retain Attorney Friedman. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more
  3. Rani Kay Sampson

    Contributor Level 10

    2

    Lawyers agree

    Answered . Messrs Friedman and Pankowski offer smart advice. Consider hiring a probate attorney right away.

    Rani K. Sampson (509) 663-5588 is a Washington attorney whose clients ask her to solve problems and negotiate... more
  4. James P. Frederick

    Contributor Level 20

    Answered . Given these difficulties, I would strongly suggest you consult with your own lawyer. That will help you to know how to respond, in the event that your sister DOES receive an offer on the house. The last thing you want is to have the house slide out from under you, if you are unable to properly object on time.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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