The estate has been ongoing for over 5 years. We have a contract for the sale of a major property owned by the estate. The bank that has the mortgage on the property is forcing the sale. We were able to get a contract just days before the property was set for Sheriff Sale for foreclosure. This sale does not finalize the probate - their are still other properties and other items to be handled. One of the heirs will not sign off on titling paperwork required by the buyer basically saying that they are waiving any interest they have to the property. I still have not actually seen the document myself. I was under the impression that the executor has the authority to sell any property necessary in order to pay debts and expenses. Can this heir, by not signing delay this settlement? and if so s their any recourse such as additional title insurance? The heirs interest was 1/3 net profit of 6 subdivided lots. The lots were not sold seperate from the main parcel, the property is to be sold as one unit. There may or may not be funds left over after the mortgage is paid and other expenses. It is my understanding though that will be part of the final totals and closing the estate..
Can't the Executor sell the property with out and heir signing an documentation. - I was never asked to sign anything when we auctioned off the personal property. I may have signed off on forms when other property was sold that was specifically willed to me and not the heir in question, I do not remember as it was over 3 yrs ago.
Aslo - If she can halt the settlement then it is my understanding that the bank wll then be forced to schedule it for Sherriff Sale again.
Thank you any thoughts or advice is geatly appreciated