House in probate with offers to buy.

[unknownUser]

State Maryland:

My mother died had no will estate went to probate, it has been in probate for three years and now there has been an offer made on the house. Me and my sister are willing to take the offer but my mothers husband refuses to take the offer as he lives in the house. He is refusing on grounds that he doesn't want to pay closing costs. The realitor has told both me and my sister that we will probably not get a better offer than the one we have now. Is there anyway me and my sister can say yes to the sale and make him take the offer, he is living there rent free this whole time while me and my sister have rent to pay. The buyer wants to move in as soon as possible actually by the end of september, we would even agree to pay the closing costs out of our share of the sale. Is there anything we can do? There is a probate lawyer attached to this case but he seems to side with him and talk to him about things and not all three of us. We really do need for this house to sell.

 

[dee_dub]

Is there anyway me and my sister can say yes to the sale and make him take the offer,

Not without a court order for partition and sale of the property.

he doesn't want to pay closing costs...

we would even agree to pay the closing costs out of our share of the sale. Is there anything we can do?

Have you discussed with the husband the option of you and your sister bearing the costs of closing?

 

[unknownUser]

Yes we did discuss this and everytime we come up with something he makes other excuses This time its because the buyer wants the washer and dryer. The buyer really really wants this house but he is making it impossible to sell hes making up stories of people coming to view the house when they are not. Hes letting the house get in worse condition so it looks bad and obviously no one wants to buy a bad looking condo. Hes been pulling this for 3 years now. We really dont know what to do. The probate lawyer and the realitor have both told him that there probably wont be a better offer as the current offer meets the appraisal

 

[dee_dub]

There's a few things you can do, legally, but they won't get the house sold in the next 3 weeks. You could challenge the trusteeship of the estate - I presume the uncle is the trustee, and you could apply for an order that he sell the property. Or, outside the probate sphere, you could apply for a straight order of partition and sale.

If it were me, I would suggest to him that, if he DOESN'T allow the house to be sold, you will be consulting a lawyer and bringing one or more of these applications, and he will be liable for your legal costs because he's been obstructive up to now.

 

[unknownUser]

Thanks a lot for your help, we decided after he refused another offer which was 40k less than what the previous buyer offered, to tell the probate lawyer that if he refused anymore offers we would get an attorney and go to court to try for sale and partition of the property that was at 8:45 this morning by 1pm the buyer had signed papers and the sale is going ahead. So thanks again for your help.

 

[dee_dub]

You're welcome.