Popular searches: probate  probate attorney  write a will  

Is it possible to litigate and enforce the sale of an inherited home through an estate?

My grandmother passed away recently and asked our aunt, her daughter, to serve as executor. My mother, the aunt’s sister, wants the house sold and the proceeds split accordingly, but my aunt is refusing. Is there any way to litigate and/or enforce the sale of the home? No one is occupying it.

 

Answers (1)

First, you’ll need to find out if your grandmother left a valid Will in the court’s eyes. If the Will is deemed valid, does it clearly indicate who is to inherit the house? If it does, that heir is entitled to obtain ownership and possession of the home and do with it what he or she pleases. You cannot force that party to sell the house if that was not provided for in your grandmother’s Will.

You need to hire an experienced probate attorney to pursue this matter further. Be ready to ask your attorney if there’s any type of provision in the Will that states that any party who contests it will take nothing under it. If you really believe the Will is not very clear, try to work out a fair division of your grandmother’s property with all of your relatives. Far too many families become bitterly divided after some members selfishly conspire to take more than their fair share.

Contact A Lawyer

4people found this useful

(10 Votes)
Please Log in to answer questions.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

Related Links

LA-WS4:0.7.14.100803.9563