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Kerry

Seller wont sign off

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Today is Tuesday, set to close on Thursday.  Family of 5 with an additional estranged stepbrother. Father died 4 years ago leaving will for all 6 children. The 5 signed off but the stepbrother wont sign off because they wont give him his 1/6% of profit. Now we were told we cant by because seller refuses to give him money. What as buyers can we do? The seller was aware of his name being on home when she entered into contract with us.

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7 minutes ago, Kerry said:

Family of 5 with an additional estranged stepbrother.

 

I'm not sure what this sentence means (especially the last 5 words).

 

 

8 minutes ago, Kerry said:

Father died 4 years ago leaving will for all 6 children.

 

Whose father?  Your father?  What does "all 6 children" mean?

 

 

9 minutes ago, Kerry said:

The 5 signed off but the stepbrother wont sign off because they wont give him his 1/6% of profit.

 

So...what I think you're saying is that John died.  He owned a home or other piece of real property and the executor or administrator of John's estate has entered into a contract to sell the property (to you, apparently).  I think you're further saying that John had five children and also a stepchild.  I think your statement that he left a "will for all 6 children" means the five children and the one stepchild (who isn't legally John's child).  But I have no idea what you mean when you say that "[t]he 5 signed off."  Signed off on what?  What do you mean that "they won't give him his 1/6[th] [share] of [the] profit"?  If the home belongs to the estate, then 100% of the profit should go to the estate, and the only person who should need to "sign off" on the sale is the executor/administrator of the estate.

 

 

12 minutes ago, Kerry said:

Now we were told we cant by because seller refuses to give him money.

 

Huh?  What does "we cant [sic] by" mean?  Did you mean "buy"?  Who told you this?  What does "seller refuses to give him money" mean?  Give money to whom?

 

 

13 minutes ago, Kerry said:

What as buyers can we do?

 

I'm sure you "can do" lots of things.  If you've entered into a contract to buy a home and the seller breaches the contract, you can do nothing or you can sue.

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13 hours ago, pg1067 said:

If the home belongs to the estate, then 100% of the profit should go to the estate, and the only person who should need to "sign off" on the sale is the executor/administrator of the estate.

That depends on the state, which is not defined.  At least in Virginia, and a few other states, real estate usually does not pass through the estate, unless it is necessary to sell it to pay debts.  Unless the will says otherwise, real property passes directly to the devisees upon the death of the testators. 

 

So we do run into cases like this occasionally.  When that happens the only solution is a partition suit.  I am curious about whether the step-child signed the listing agreement and why the other children believe they do not have to give the step-child his share.  If this in a state where the realty is part of the estate there should be no need for any of the devisees to sign the deed.  The dispute then is between the step-child and the executor.

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3 hours ago, RetiredinVA said:

That depends on the state, which is not defined.  At least in Virginia, and a few other states, real estate usually does not pass through the estate, unless it is necessary to sell it to pay debts.

 

The state really does matter. Because in most states real estate owned by the decedent at death is included in the decedent's probate estate unless it was owned jointly with someone else as joint tenants with a right of survivorship or tenants by the entirety. In those states, if the estate sells it, technically only the executor needs to sign off on the sale unless court approval is needed prior to the sale (some states require that, though most don't). But while the executor can sell it without the consent all the beneficiaries some will still try to get the consent of all of them anyway as protection against some later challenge by the beneficiary.

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