How long can an estate be kept open?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

How long can an estate be kept open?

My dad died almost 4 years ago. He left his home to my sister and myself, equally. The home has been listed for sale for 3 years and we got our first offer and my sister rejected it even before I knew about it. The buyer came back with a better offer and my sister still won’t take the offer. What are my rights?

Asked on July 10, 2013 under Estate Planning, Colorado

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation.  Much more information is needed here but I am assuming first that your sister is the Executor or Personal Representative of the estate, correct?  She can not do anything that will breach her fiduciary duty but if she believes that the offer is not on par with comparable sales in the area she can wait to sell.  But then she can not make such a determination to wait if it is in contrary to the best interests of the estate and the beneficiaries - you.  Can you speak with her about cutting your losses here?  If not then you need to speak with an attorney about forcing the sale.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption