Thanks for your response. As executor, you have the authority to transfer title to you and your brother's estate by quit claim deed. You would sign the deed on behalf of your mother...who would be listed as grantor as [Name of your mother, Deceased]...as the executor of her estate. The deed would need to be witnessed and notarized, and then recorded in the real property records of the city/county in which the property is located. Then, the property could be sold by you and the executor of your brother's estate. Or, you the executor of your brother's estate can transfer your brother's interest to his heirs
and then you and the heirs can sell the property. If you want to sell and any of the heirs do not, you can force a sale if they will not buy your interest. To do so, you would do so by filing a suit for partition. The result of that suit will be one of the following: i) if the property can be equitably subdivided, the court will order the property divided into smaller parcels with each owner then owning 100% of their own smaller tract with full control over that tract; or ii) if the property cannot be equitably subdivided, the court will order the property sold and the proceeds divided. Since a house cannot be divided, the court will order the house sold. The reality is that in most cases, once the owners fighting the sale find out the certainty of the result of a suit for partition, that/those owner(s) typically agrees/agree to the sale without the suit to avoid the costs of the suit.
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