Can co-executors sell my deceased mother-in-law’s home out from under us?

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Can co-executors sell my deceased mother-in-law’s home out from under us?

My husband is 1 of her 4 children and the estate is divided equally amongst all of us. We currently live in the home and wish to purchase it from the estate. The co-executors don’t wish to wait for our financing and have said they will sell to the highest bidder as soon as possible resulting in our homelessness. Can we refuse to let this sale take place? Probate has/is happening and we have not been updated as to its status and we have not been provided with a copy of the Will or any documentation pertaining to the estate.

Asked on July 11, 2013 under Estate Planning, Washington

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

The executors can sell the house, and they are obligated to get the best price they can for it. But I don't understand why you cannot arrange financing and match or beat the highest bidder. If you are the highest bidder, you can ask the probate court to make the executors accept the highest offer. 

The will must have been filed with the probate court, because probate has started. You can get a copy of the will from the probate court clerk. You may be able to do this online. There will probably be a fee for the copies. 


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