Can my sister sell the home if I dont sign the waiver? 7 Answers as of September 26, 2011

My sister is executor of our parents estate and she is wanting me to sign a waiver to let her purchase the home. I don't want to sign it. Can she still sell or purchase the home without my signing the waiver?

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Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Maybe depending on many details you did not give us. If you disagree with her decision, you would need to retain your own lawyer and have him review the paperwork to answer you.
Answer Applies to: Georgia
Replied: 9/26/2011
Harville-Stein Law Offices, LLC
Harville-Stein Law Offices, LLC | Dean D. Stein
If you have an ownership interest in the house, by Will or intestacy or Deed, then it can only be sold with your consent, or if you do not consent, by filing a Petition for Sale of Real Property with the court and seeking the court's approval and order to sell the house for payment of estate debts or for sale and division of the proceeds.
Answer Applies to: Alabama
Replied: 9/26/2011
James Oberholtzer, Attorney at Law
James Oberholtzer, Attorney at Law | James Oberholtzer
The answer to your question depends on the all of the facts of your specific situation. No attorney can give you specific advice to your situation without knowing the entire situation. I can comment generally based on the information that you provided in your question. However, you should understand that the information contained in your question does not contain essential information needed to provide you with legal advice.
Answer Applies to: Oregon
Replied: 9/26/2011
Sweeney & Sweeney
Sweeney & Sweeney | J.Leonard Sweeney, III
In order for the executor of an estate to sell, they either need the consent of all heirs or a license to sell from the Court.
Answer Applies to: New Hampshire
Replied: 9/26/2011
Asset Protection and Elder Law Center
Asset Protection and Elder Law Center | Shadi Alai-Shaffer
Not necessarily. I suggest you seek legal counsel for a consult. You have rights under the Trust and need an Attorney to advise you properly on your rights under the Trust. You are entitled to a copy of the Trust so that you can determine what your options are...depending on the circumstance and the Trust, she may have an option to purchase the home for market value but it depends (only an attorney reviewing the trust can advise you properly).
Answer Applies to: California
Replied: 9/26/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Without reviewing the titling to the property, the Will, Trust and/or applicable Court file I am unable to answer your question. You probably need to meet with an attorney. We charge $100 for a one hour consultation with an attorney who will provide you with important information regarding your specific case and will able to advise you on the options that you should consider in determining your next steps, or if it involves reviewing documents and preparation in advance of the meeting, we charge $300 for the consultation, because there is over one hour of review and preparation for the meeting and one hour for the meeting.
    Answer Applies to: Nevada
    Replied: 9/26/2011
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    She could still do it; you could then bring an action in probate if the sale was for less than market value or was otherwise wrongful.
    Answer Applies to: Oregon
    Replied: 9/26/2011
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