Legal Question in Wills and Trusts in Pennsylvania

grandmother died left the house to all her granddaughter also all grands name are on the deed one granddaughter want to sell she is the executrix can she just sell the house cause she want to,on one else want to sell

Asked on 12/29/11, 9:15 am

3 Answers from Attorneys

Miriam Jacobson Law Offices of Miriam N. Jacobson
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Grandmother's estate has to be probated and the executrix is obligated to follow the Will as to who gets the house.

If the deed names several people as the owners, you should have a lawyer review the deed and the will. Depending on how the legal title is owned by the several people, the house may not even be in grandmother's estate and therefore would not be distributed under the will.

Executrix cannot go ahead and sell just because she wants to.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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12/29/11, 9:51 am
Michael Duffy Duffy Law, LLC
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First I'm so sorry for the loss of your grandmother. This is always a difficult time.

I'm not sure I fully understand the situation based on your question, but the executrix does not have the authority to do whatever she wants with the property. She must follow the intentions of the decedent as stated in the will. She may be allowed to sell the house, but you do have some options for how to address and possibly prevent that.

.If you would like to discuss your matter further over a free and confidential phone consult, please contact me at your convenience.

Regards,

Michael J. Duffy, Esq.

Duffy Law, LLC

1-888-414-5773

www.mduffylaw.com

1500 Market Street

12th Floor, East Tower

Philadelphia, Pennsylvania 19102

52 Berlin Rd.

Suite 3000

Cherry Hill, NJ 08034

mduffy@mduffylaw.com

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12/29/11, 10:09 am
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I would agree except you do not indicate whether your grandmother's estate had any claims and if the remaining assets werre sufficient to pay those claims. If not, then the estate (house) may have to be sold.

Assuming that any debts/claims are taken care of, as a practical matter, it is not a good idea for this many people to own land unless they can agree on everything all of the time (a virtual impossibility). What needs to occur is that the heirs who want the house need to buy out the shares of those who don't. If the heirs can't afford to do that, maybe they can take out a mortgage/equity loan on the property. If the parties cannot agree on a price, then any heir can seek what is called partition of the real property. In partition, the court will order the land to be sold and the money divided if the heirs cannot agree on a price and division of the land. It would be a good idea if the heirs can come together and reach an agreement. If they can't, then you and any other interested heirs need to get together and speak to a probate attorney in the county/state where the estate for your grandmother is pending.

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12/29/11, 10:36 am

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