my pain in the butt estranged troublemaking niece is starting litigation to stop me from buying my mom's home after she passed away. My nieces is in the will for a a 1/3 of my brothers share (long story)....so she is only getting about $10K.....can she interfer with my sis's (executor) to sell the house to me and buy out the other 2/3?
2007-05-12 15:58:18 · 7 answers · asked by slowmxer 2 in Politics & Government ➔ Law & Ethics
Yes, she can. If she chooses not to sell out to you, she can keep you from buying the house outright. The other people who own the house with you can deed their share of the house to you, but then you and your neice will get a deed in which you own 5/6 and she owns 1/6 as joint tenants.
2007-05-12 16:06:40 · answer #1 · answered by Anonymous · 2⤊ 0⤋
I think the fact situation presented is that the house was not subject to a specific bequest, and that your niece is to receive a fractional interest in the estate.
In many states the succession laws provide that real estate which is not specifically devised goes to the intestate heirs. However, the probate laws of most states give the personal representative of the estate (the executor or administrator) the power to sell any real estate not specifically devised. This is the way things are in Pennsylvania. 20 Consolidated Pennsylvania Statutes, § 3351
Nobody wants to own an undivided fractional interest as a tenant-in-common with another person. Often estates have liquidity problems, so they need cash to pay bills, funeral expenses, administration expenses, and the like.
Your sister can petition the Court to approve the sale of the real estate to you. Of course, the sale must be an "arms length" transaction at a fair price. Your sister probably already has a real estate appraisal that sets a market value of the property based on comparable prices. It used to be the law in Pennsylvania that a personal representative, unless given such authority by will or court decree, has no power to dispose of real estate. The law has changed to give the personal representative the same right to sell real estate as he would have to sell personal property.
Have the lawyer for the estate meet with the executor to review the law of the state where the decedent resided before she died. He may advise the executor that it is okay to sell the real estate and that your niece will not be able to challenge the sale. However, if there is any possibility of the niece challenging the sale under the law of that state, he would petition the court to have the court approve the sale.
It looks like a slam dunk to me.
2007-05-13 08:03:00 · answer #2 · answered by Mark 7 · 0⤊ 0⤋
It depends on how your mother's will or trust was written. If you are getting the house (an Item) all by yourself, then no. But if you are getting a percentage of the estate which the house is included and your neice is getting a percentage as well then yes.
2007-05-12 23:04:16 · answer #3 · answered by Anonymous · 1⤊ 0⤋
The decision comes from the executor (executrix) of the will
but if she raises enough of a stink it may have to be settled
by the courts.
2007-05-12 23:04:23 · answer #4 · answered by justgetitright 7 · 0⤊ 0⤋
Not if it is a fair price. Anyone can buy the house - she does not get to chose the purchaser.
2007-05-12 23:02:21 · answer #5 · answered by Wolfpacker 6 · 0⤊ 0⤋
yes legally,but check with an attorney and you can get that for free in most cases.
2007-05-12 23:02:47 · answer #6 · answered by mick 3 · 0⤊ 0⤋
Yes she can. Her interest in the property has vested.
2007-05-12 23:37:19 · answer #7 · answered by cyanne2ak 7 · 0⤊ 0⤋