If my sister is the executor of my mother’s estate and her name, my brother’s and mine are on the deed, can she sell the house if I don’t sign the deed over?

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If my sister is the executor of my mother’s estate and her name, my brother’s and mine are on the deed, can she sell the house if I don’t sign the deed over?

Asked on January 9, 2015 under Estate Planning, New Jersey

Answers:

Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 6 years ago | Contributor

I am sorry about the passing of your mother.  If the house is titled jointly with right of survivorship to you and your brother, then your sister cannot sell the house without your permission.  The house would not be a part of the probate estate and would pass to you and your brother directly.  However, if it  is not a survivorship deed or a  transfer on death deed, then your mother's portion would be part of her probate estate.  Either way, your sister still would need your cooperation to sell the property.   


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