Probate Process and Real Estate Sale going awry

Kinzie

New Member
Jurisdiction
Illinois
Hello,

My father passed away and left his house it to 4 heirs in the will. I have 50% ownership and 17% for all my other siblings, my sister who is considered a resident lived there rent free while my dad was alive and now since he is gone she believe the house should be hers. We are at the end of the probate where a buyout or sale needs to happen. We were not able to agree to a price with my sister who lives there and it is getting messy so the 3 heirs have decided to sell. My sister is afraid her rent free lifestyle is coming to and end and she is giving us a hard time as we try to sell the house. She will not allow us to see the property to list it because she is technically a tenant. We have decided to come up with an rent agreement in order for us to pay taxes on the house (it is paid for). Do I need to obtain a court order for use to have access to the house in order to list it? Also, since she is considered an heir, can she refuse to sign and hold up the sale of the house once we ge to that point?

Thanks guys!
 
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My father passed away and left his house it to 4 heirs in the will.

Just to clarify, did he leave the house to these four persons? Or did his will say that the house is to be sold and the proceeds divided? Based on your statement that you "are at the end of the probate where a buyout or sale needs to happen," I'm guessing it's the latter.

She will not allow us to see the property to list it because she is technically a tenant.

If push comes to shove, the executor of the estate can evict her. Who is the executor? Is the executor represented by legal counsel? If not, he/she probably should be.

Do I need to obtain a court order.

A court order for what?

since she is considered an heir, can she refuse to sign and hold up the sale of the house once we ge to that point?

As I mentioned, if the tenant is not cooperating with the sale of the property, the executor can evict the tenant
 
Just to clarify, did he leave the house to these four persons? Or did his will say that the house is to be sold and the proceeds divided? Based on your statement that you "are at the end of the probate where a buyout or sale needs to happen," I'm guessing it's the latter.

**REPLY We all have ownership in the house with different percentages with me being the highest, our option is to be bought out by one of my siblings or sell to an outside buyer.



If push comes to shove, the executor of the estate can evict her. Who is the executor? Is the executor represented by legal counsel? If not, he/she probably should be.

** REPLY - My uncle is the executor of the will. He is caught in the middle trying to stay neutral.



A court order for what? ** Reply** My sister that lives in my dads house will not allow us over with a realtor to see the house for a MLS Listing

As I mentioned, if the tenant is not cooperating with the sale of the property, the executor can evict the tenant
 
If you can't agree an action for partition (forced sale by the court) is the remedy to the obstinate, recalcitrant, intransigent sister.

The executor can't remain neutral, he must administer the estate, otherwise one of you can seek his removal.

It would be better for all who stand to inherit to agree.

A forced sale by the court means the court gets a cut for doing what the four of you can do, retaining your profits.
 
Please don't add new text within quote blocks because it's really hard to figure out what you're quoting and what is new information.

We all have ownership in the house with different percentages with me being the highest, our option is to be bought out by one of my siblings or sell to an outside buyer.

That doesn't answer my question. You wrote that your "father . . . left his house it to 4 heirs in the will." What I'm asking is whether he actually left the house to the four of you or whether the house is to be sold and the proceeds divided. For example, did his will say something like, "I leave my house to my four children, Moe, Larry, Curly, and Shemp"? Or did it say something like, "The executor of my estate is to liquidate my estate, including my home, and pay the proceeds (net of expenses) to my four children. . . ."? Initially, I thought it was the latter, but now it sounds like maybe title has already been transferred to the four of you ("We all have ownership"). So what's the deal?

If push comes to shove, the executor of the estate can evict her. Who is the executor? Is the executor represented by legal counsel? If not, he/she probably should be.

My uncle is the executor of the will. He is caught in the middle trying to stay neutral.

If the house is still owned by the estate, then the executor has a duty to maximize the value of the estate for the benefit of all beneficiaries. By allowing a person to live in the home without paying rent, he is doing anything but "stay[ing] neutral" and, in fact, is breaching his duties as executor.

My sister that lives in my dads house will not allow us over with a realtor to see the house for a MLS Listing

In addition to what I've already told you: If the house is owned by the estate, then you have no right to enter onto the premises (although the executor does). If title has been transferred to you and your siblings, then your sister has no legal right to prevent you from entering onto the premises.

If the house is still owned by the estate, then it seems your uncle is not doing his job as executor, and you might want to approach him about stepping down as executor and/or retaining a probate attorney to seek to have him removed. If title has been transferred, then you may want to retain a real estate attorney to discuss a partition action or other options. A partition action is not a good alternative for anyone involved, and things will likely turn out better if the estate owns the home and either your uncle does what he's supposed to do or is removed.
 
Please don't add new text within quote blocks because it's really hard to figure out what you're quoting and what is new information.



That doesn't answer my question. You wrote that your "father . . . left his house it to 4 heirs in the will." What I'm asking is whether he actually left the house to the four of you or whether the house is to be sold and the proceeds divided. For example, did his will say something like, "I leave my house to my four children, Moe, Larry, Curly, and Shemp"? Or did it say something like, "The executor of my estate is to liquidate my estate, including my home, and pay the proceeds (net of expenses) to my four children. . . ."? Initially, I thought it was the latter, but now it sounds like maybe title has already been transferred to the four of you ("We all have ownership"). So what's the deal?



If the house is still owned by the estate, then the executor has a duty to maximize the value of the estate for the benefit of all beneficiaries. By allowing a person to live in the home without paying rent, he is doing anything but "stay[ing] neutral" and, in fact, is breaching his duties as executor.



In addition to what I've already told you: If the house is owned by the estate, then you have no right to enter onto the premises (although the executor does). If title has been transferred to you and your siblings, then your sister has no legal right to prevent you from entering onto the premises.

If the house is still owned by the estate, then it seems your uncle is not doing his job as executor, and you might want to approach him about stepping down as executor and/or retaining a probate attorney to seek to have him removed. If title has been transferred, then you may want to retain a real estate attorney to discuss a partition action or other options. A partition action is not a good alternative for anyone involved, and things will likely turn out better if the estate owns the home and either your uncle does what he's supposed to do or is removed.
Thank you this has been very helpful, as of now the deed is still in my fathers name and the probate is still open. Once issue is if my uncle steps down or is removed. The will lists the problematic sister as the executor if my uncle decides not to take part. Is there any type of conflict with being an executor and heir?

Thanks again!
 
Is there any type of conflict with being an executor and heir?


Legally, NO, in actuality there is very often a conflict.

That is why it would be in the best interests of all concerned to retain an independent attorney to probate the estate.

You and the other two siblings that aren't moochers can arrange to split the costs of the attorney.

Before you do that, what is the value of the home, not what YOU think its worth, but what a willing buyer might pay for it today?
 
Once issue is if my uncle steps down or is removed. The will lists the problematic sister as the executor if my uncle decides not to take part. Is there any type of conflict with being an executor and heir?

It is up to the court who serves as executor. The court will usually honor the decedent's nomination, but there are circumstances in which that won't happen. Under the circumstances you described, if you were to ask the court to remove your uncle, you would also ask that someone other than your sister be appointed to take his place.
 
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