If mom left a family home to 10 children, but left one sibling as representative to depose of it, does she need our signature /agreement to sell?

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If mom left a family home to 10 children, but left one sibling as representative to depose of it, does she need our signature /agreement to sell?

The first stipulation listed was that she leaves the home to all ten of her children; share and share alike.  However, in the third paragraph the will states that the rep (oldest sister) can depose of the property.  We wonder if the sister needs all children’s permission or signatures to give up land/home, or can one child keep a tenth of the land without paying for it?

Asked on June 14, 2009 under Estate Planning, Maine

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is hard to say without seeing the exact wording of the will, but it sounds like the oldest is the executor of the will  which means she takes care of paying all the debts (bills, taxes, etc.) and then distributing the remaining assets.  If the property is to go to all the siblings, "share and share-alike", that will likely mean that your sister (the one in charge) will need to sell the property and then distribute the proceeds equally after paying the bills. 


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