QUESTION
Can the executor of my father's estate sell a property without the permission of the heirs? There is no mortgage or debt to be paid.
Asked on Oct 08th, 2021 on Wills and Probate - North Carolina
More details to this question:
The executor of my father's estate had entered into a contract with a buyer to sell my father's house. The will leaves the all personal and real property to me and my brother. We both agree we don't want to sell for the price in the offer, so we have not signed the joinder. The buyer is now threatening to sue to force the sale. The executor of friends with the consultant for the buyer. The executor is also about to be served papers for not doing his fiduciary duty in closing the estate.
1 ANSWER
1 Award
Generally, The Executor cannot sell real property without first filing a petition to see nwith the Court. There is an exception when the will gives the executor the power to seel without court order. If there are no debts, you should be able to stop the sale. John E Tantum 2523932235
Answered on Oct 11th, 2021 at 5:13 AM