Legal Question in Wills and Trusts in Indiana

will and property

My sister was named in the will to inherit the house and land in mothers will. Can she just pay the remainder of the loan on the house and it be hers. The lawyer and uncle executor will not accept her offer to pay the loan as they think they can sell the house to pay the remainder of the bills from the estate which only remains the lawyer and executor fees. This seems wrong. Indiana code does not say the assets have to be sold at top[ dollar to satisfy the estate plus the estate has no other assets and can not continue to pay the payments on the propery much longer if they want to sell it in this market they will not be able to and if the bank takes it and auctions it they will get less than the pay off most likely. Seems they should just take my sisters offer. but is there anything in Indiana law that says they have to.


Asked on 10/21/08, 3:38 pm

1 Answer from Attorneys
Samuel Hasler Samuel Hasler

Re: will and property

If the house was specifically left to sister, why does the estte feel the need to sell? There is a disconnect there which makes me suggest that you get a copy of the Will in front of a lawyer.

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Answered on 10/21/08, 6:08 pm


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