Executor, renovation, smoker

[Rjman]

Jurisdiction

Colorado

We are 3 siblings who inherited a condo. We decided to sell it, but we have to renovate and do professional remediation of cigarette odors.

The first question is; Should the Executor of the will distribution, be pushing away some of the owners of the condo, and making decisions for them, such as picking out wall paint colors, carpets, and other floor materials? Also he is making decisions on the smoke remediation.

The second question is that I as owner, am NOT comfortable with not disclosing that there was a smoker in the condo smoking for over 10 years. The executor says dont tell, unless our broker says so. I am looking for any opinions or advice along these lines, especially from a lawyer.



Thanks so much!!

 

[army judge]

Should the Executor of the will distribution, be pushing away some of the owners of the condo, and making decisions for them, such as picking out wall paint colors, carpets, and other floor materials? Also he is making decisions on the smoke remediation.

Why don't the three heirs discuss a solution?

The condo isn't a $50,000,000,000 asset.

Try to reach a solution that best serves all of you.

The second question is that I as owner, am NOT comfortable with not disclosing that there was a smoker in the condo smoking for over 10 years.

No matter what one has on offer, it behooves the seller to be honest with any potential buyer.

Legally you are ONE of THREE soon to be people with your name on a deed, after the estate has been settled/probated (or assets have been distributed to the heirs).

Should the Executor of the will distribution, be pushing away some of the owners of the condo, and making decisions for them, such as picking out wall paint colors, carpets, and other floor materials?

Again, why don't the three of you discuss this with the executor, unless the executor is one of the three heirs? If the executor is an heir, discuss a solution.

If the three of you can't resolve this, the home will end up in a partition action.
If that happens, some of the profits will end up going to the court and a court appointed lawyer.

The second question is that I as owner, am NOT comfortable with not disclosing that there was a smoker in the condo smoking for over 10 years. The executor says dont tell, unless our broker says so. I am looking for any opinions or advice along these lines, especially from a lawyer.

Don't rely on a real estate salesperson for legal advice.
Never sell real estate without engaging your own real estate lawyer to represent your interests.

 

[adjusterjack]

As long as the property is still part of the estate and is being sold out of the estate, you are not an owner, the estate is the owner and the executor of the estate has the legal power to make all of the decisions regarding the sale of the property. He has no legal obligation to seek advice or assistance from the heirs. In fact, he is better off not allowing such "committee" meetings as they may hamper his efforts to get things done.

On the other hand, if the property has already been deeded from the estate to the three siblings, then the executor is no longer the executor with regard to that property (in other words, not in charge). All three of you are owners and have equal say in how things are handled.

As for the smoking thing, Colorado isn't very strict on seller disclosures. As long as the interior has been repainted and the carpets thoroughly cleaned or replaced, I don't see any issue one way or the other.

 

[zddoodah]

We are 3 siblings who inherited a condo. We decided to sell it, but we have to renovate and do professional remediation of cigarette odors.

The first question is; Should the Executor of the will distribution, be pushing away some of the owners of the condo, and making decisions for them, such as picking out wall paint colors, carpets, and other floor materials?

I don't understand this question. If, in fact, you have inherited the condo, then the executor of the estate (not "executor of the will") has no say in anything. Was your statement that you have inherited the condo made in error because you expect to inherit it but have not yet actually inherited it? If that's the case, then you have no say in the matter, and the executor is entirely in control of the situation.

The second question is that I as owner, am NOT comfortable with not disclosing that there was a smoker in the condo smoking for over 10 years. The executor says dont tell, unless our broker says so. I am looking for any opinions or advice along these lines, especially from a lawyer.

There's no question here, but a seller of real property is obligated to disclose only those things known to him and as required by the applicable law. I seriously doubt that any state requires disclosure of a prior resident's status as a smoker.

 

[Rjman]

Wow, this site is great, thanks to all for the great help!!!