Can the personal representative of my late mother’s estate sell her house if I own half and am in the process of buying out the other half from my sister?

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Can the personal representative of my late mother’s estate sell her house if I own half and am in the process of buying out the other half from my sister?

I have a loan and am just waiting for the appraiser from the loan office to come out and appraise the house. We had an agreement I could buy my sister out but the PR offered it to an outside buyer.

Asked on July 24, 2014 under Estate Planning, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your loss.  While the Personal Representative of an estate has great power to act in the best interests of the estate, what you are describing here sounds a bit far reaching. As long as the offer made by you is reasonable and the other beneficiary agrees to the price then you should have priority.  I would contact an attorney on your behalf to get involved as soon as possible.  Good luck. 


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