Q: Probate Question: Trying to sell a property with beneficiaries under 18
My mom recently passed away and she had 4 children.
She has a house that my sister and I do not want to keep. My sister and I are over 18, but my two brothers are not. Would the executor of her estate be able to file a petition to sale if just my sister and I approved?
A: You mention you are an executor. Therefore, there must be a will. If the will gives you the power to sell real estate, you do not need anyone's permission. However, if the minors believe the property sold too cheaply, they can bring suit against you for an improper sale . The safe route is to get court approval. The court will appoint a guardian ad litem to review the sale for the children.
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