Seeking legal advice on sale of a Sr. living condominium through the executor of the estate.

Question Details: Is it possible for the executor of an estate to sell a condominium, without using a realtor and what all should be done, to make sure the sale is done properly, according to any special estate rules

Asked 9/3/2009 under Wills, Trusts, Probate | 158 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

Stephen C. Lawson / Stephen C. Lawson, LPA Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Ohio

If the will gives the power to sell for the estate then the executor can sell the unit to whomever.  No realtor is necessary as long as all sale formalities are in place.  Some questions to answer would be:  Is there a mortgage on the unit?  Are all of the taxes paid?  Will the unit be sold "as is"?  What is the interest of the heirs in the unit?  Unless you are versed in the formalities of selling real estate you should at least consult an attorney for the contractual necessaries.

J. Norman Stark / J. Norman Stark Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Ohio

Dear Probate Inquirer:  Consult and retain an experienced Attorney to guide and advise you through the maze of Probate Court requirements.  TheExecutor must first obtain Probate Court approval for the sale of the real property interests.  Then, the Court will need to approve, in advance and upon proper application,  distribution of the funds recognized from the sale, together with approval of fees for appraisal, executor, realtor, etc.

Consult legal counsel to assist you and to prepare the necessary documentation to avoid liability, delay and disappointment.  Good luck!  sincerely, J. Norman Stark

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