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

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. 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 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.


  2. 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 considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.


  3. 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 difficult situations in real estate development, business formation and operation, estate planning, probate administration, and other matters. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.


  4. 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. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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