The interpretation of the terms of the will itself determines if the property passes to you (with a recommendation for sale) or if the executor is to sell the property first.
Often, a person’s will states suggestions such as these in order to relieve the heir of any sense of duty to continue ownership of a property that would be financially burdensome. Apparently, you mother senses this and tried to address the situation accordingly.
Had your mother wanted the executor to sell the property first, the will would have provided specific instruction for the sale with the proceeds of the sale going to you rather than the property itself.
This should be something you and the executor’s attorney should be able to work out. If not, you may petition the probate court to rule on interpretation of that part of the will.
The answers provided here are merely general in nature and may not apply to every situation. They do not represent and not not constitute specific legal advise or recommendations because the advise or recommendation could change based on sprecific factual situations and/or recognized exceptions to general legal principals. An attorney should be consulted regarding the specifics of a particular case before any action is taken or not taken.
Only the executor can sell it while it is in the estate. Sometimes setting down with your sister and her attorney can clear things up, if her attorney is willing to do this.
My colleagues are correct. You need to look to the language of the will to determine who is to sell the property. Remember, that your sister's lawyer is not your lawyer. You should consult with a local probate attorney to review your situation and provide you with guidance and direction.
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