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How to force a property sale in an estate to pay debt

Columbia, SC |

several kids as beneficiaries . boys don't want to sell property ,girls do . there is no cash to pay the debt . are the girls able to force the sale and liquidate ? if so how is this done.

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Attorney answers 3


If the matter is in probate, it's up to the personal representative to decide the best way to pay creditor's claims. It's not up to the beneficiaries.

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I agree with Attorney Reed. Your summary is very short on facts. If an estate is open, then the executor or administrator of the estate gets to decide. If no estate is open, or if the property has already passed to the heirs/beneficiaries, then you have a tougher situation to deal with. In that case, a partition action may be necessary to force a sale of the property.

James Frederick

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If there are creditors and no funds to pay, then the real estate has to be sold to pay the debt. Of course, the boys have the option to purchase the property just like anyone else. The personal representative can have the estate attorney file a petition in the probate court for permission to sell the property. The probate judge will have to issue an order approving the sale.

This answer is for general advice. It is not legal advice and does not create an attorney client relationship. For legal advice you have to retain your own attorney.

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