If my mother-in-laws Will calls for her home, car and all property to sold and divided by her children, do we need to wait until probate is done or can the property be sold now?

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If my mother-in-laws Will calls for her home, car and all property to sold and divided by her children, do we need to wait until probate is done or can the property be sold now?

My wife is the executor. We have a offer for her home.

Asked on March 2, 2013 under Estate Planning, Georgia

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

The problem is if the house and car are the only assets and her father has liabilities, the liabilities of the estate have to be paid off first in accordance with the Georgia statute.

If she does not have a lawyer, she should to to the Georgia probate court website to obtain basic instructions on executing her duties properly. 

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

The Probate Court procedures will tell you how to proceed.  I assume your wife has a lawyer for the estate and that lawyer can tell you how to proceed.  Generally, your wife has the authority to enter into contracts to sell the home.  You should be sure to include in the contract that it is contingent on the Probate court approving the sale.  Your court procedures may or may not require court approval of the contract itself but this contingency will protect you.


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