Who has to sign when a parent’s house is sold after their death?

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Who has to sign when a parent’s house is sold after their death?

My grandmother passed away 6 years ago. My aunt and uncle are executors of her Will. All propery is to be divided equally. Now they have decided to sell the house. There were 4 children; my mother passed away a year ago. Do all her children need to sign to sell and what about my mother’s part? Do my sister and I need to sign? They sold lots of property out of the house in the past years and no money has ever been given to the other 2 siblings. They actually made everyone pay for anything that they would like, even pictures of our own families.

Asked on June 6, 2011 under Estate Planning, Texas

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss and for your situation.  Paying for family pictures is a little extreme and  think uncalled for but I am not one to judge the situation, especially in this type of forum.  They could just be trying to do everything "by the book" so to  speak, and to make sure that they play favorites to no one.  That is a positive thing when you have a fiduciary as they need to account for everything to the court and the beneficiaries. Now, as for the house,  the executors have the right to liquidate any assets to pay bills or distribute between beneficiaries, so long as it does not go against the intent of the decedent (but again, they can if they need to pay taxes, etc.).  Only the executors need to sign the deed of transfer.  I would think about consulting with an attorney as tyo your share here and looking out for your best interests.  Good luck.  


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