Legal Question in Wills and Trusts in Illinois

Can an executor of a will sell a house even if the rest of the heirs do not want to yet.


Asked on 3/09/11, 8:26 am

2 Answers from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

The correct answer is going to depend on a number of the particulars of the estate. Among the factors what does the Will say and is the estate sufficient to pay creditors and administration expenses. Generally, the executor is not required to sell during administration, and if the situation warrants, can simply distribute out the property among the beneficiaries/heirs, who would become co-owners.

You should speak with a probate attorney about the particualar situation.

Read more
Answered on 3/09/11, 8:33 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

Unless the Will specifically directs sale, the Executor will probably be unable to sell the house without taking certain steps (which all require the assistance of an attorney). Feel free to call me for a free consultation.

Read more
Answered on 3/09/11, 9:51 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois