Legal Question in Wills and Trusts in Pennsylvania

If an estate is willed to three people, and one of the three wants the real estate to be liquidated and the other 2 do not, what must be done?


Asked on 3/23/12, 12:56 pm

1 Answer from Attorneys

I assume that you are speaking primarily of land. The estate must first be probated and all the debts paid. Once the estate is administered and wrapped up, the land is transferred to the beneficiaries (I assume this is PA property).

At that point, the ones who want the property should buy out the share of the one who does not. If all the beneficiaries cannot agree on price or if those who want the land refuse to buy out the share of the other heir, then any of them can hire a real estate lawyer to bring what is called a partition action. The action basically seeks to compel the parties to either buy out the share or else the land is put up for sale to the highest bidder and the proceeds of the sale, less sale costs, will then be divided among the heirs.

If this is still in probate, the executor has to do whatever the will says. If the will says the estate must be liquidated, then it has to be liquidated. If discretion is left up to the executor, then it does not have to be sold and, the remedy in such case is to wait and bring the partition action.

The heirs can't keep the land and not pay the bills - if the land has to be sold to raise cash, then there is not much choice.

If the estate is in probate, you need to speak to a probate lawyer in the county/state where the estate is pending. If the estate has already been administered and has been distributed, then speak to a real estate lawyer in the county/state where the land is located about a partition action.

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Answered on 3/23/12, 7:31 pm


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