Estate Law Questions? Ask an Estate Lawyer.
A few minutes please as I look into this.
Thank you for your patience. During probate, the executor is the legal representative of the estate, so the executor has the right to manage the property in the estate. However, once probate closes, and the property is distributed, the heirs become the legal property. In cases of multiple ownership of one property, each owner has a say as to how the property is to be managed; one person cannot arbitrarily make decisions (unless the heirs allow one person that right). Generally when there are multiple heirs that do not agree on the property, a heir may bring a partition action, requesting that the court sell the property and divide the proceeds according to the respective interests.
The only way the house can be sold if all the heirs do not agree is by requesting the sale via the court. The court will allow the heirs right of first refusal so if an heir wishes to purchase the property at Fair market value they may do so.
Any potential lender will not issue a loan unless ownership has been established.
Here is a link to locate an attorney:http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
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