What to do about the sale of a house that is in an estate?

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What to do about the sale of a house that is in an estate?

My wife as executor had probated her mother’s Will. Since her mother’s property was going to foreclosure, it was thought to be a closed issue. After 2 years, the bank has now decided not to foreclose. A letter of lien release was received. She currently has a buyer for the property but there is no provision in the Will allowing her to sell. It was, however, in the POA. Can we petition the court to allow the sale?

Asked on January 12, 2015 under Estate Planning, South Carolina

Answers:

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

Answered 6 years ago | Contributor

The POA dies with our Mother in Law so you can not refer to it any longer for support.  But being the Executor of an estate allows you to deal with every asset.  What your wife will have to do is to reopen the estate and ask for new Letters testamentary to include this asset.  It may require additional fees so check with the lawyer.  Good luck.


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