What to do if my husband was asked by his brother, the executor of his parent’s estate, to come and sign a contract for the executor to buy their parent’s house?

If my husband was requested to come and sign legal paperwork, do I have the right to be there when he signs and know what he is signing? There was no attorney present.

Asked on September 24, 2012 under Estate Planning, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under most circumstances where an asset of an estate that is being probated needs to be sold the court must give permission by way of a court order allowing the sale subject to bid and subsequent court order approving the contract price.

From what you have written, the circumstances do not sound appropriate concerning the sale of estate property assuming there is a probate filed. If you have no interest in the estate you really have no right to see what documents your husband is signing where his brother is purchasing an asset of the estate.

 


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