Estate Law Questions? Ask an Estate Lawyer.
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I want to make sure I understand; the will provides each of these individuals receive equal share of the home?
Thank youAs executor you have the obligation to carry out the terms of the will. No more. No less.Here, since Edie and the children do not agree on sale? You can simply transfer title. As executor of the estate, you have the power to change title to reflect the ownership as provided in the will.You would want to make sure the new title properly represents the respective ownership interests (so 11.75% to each of the children and 17.65% to Edie. They would each be owners as "tenants in common".Once title transfers, if Edie wants to sell. She can. Easy...or, rather, relatively easy.She would have a local attorney file a "partition action" with the court. The court will sell the property and split the proceeds between the new owners (Edie and the children). SO Edie has a way to sell....if she remains determined.But frankly, once title transfers, before she hires the lawyer, she may want to negotiate with the children to have them "buy her out"...but that transaction is, frankly, not proper for the probate court...they (Edie and the children) can negotiate the details once you transfer title.Bot***** *****ne: There is no law that requires you to sell the property. You can transfer title and allow the owners to negotiate with each other if they will sell or not.Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.