Rockaway, NJ asked in Probate for Connecticut

Q: Property left to me and 2 siblings. If Will authorizes me to sell the property do I still need court permission in CT.

Also, one sibling is still living in condo. Can he stop sale.

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2 Lawyer Answers
Max Lavit Rosenberg
Max Lavit Rosenberg
Answered
  • Stratford, CT
  • Licensed in Connecticut

A: This will need to get probated in probate court if it is in Connecticut. I recommend consulting with an experienced probate attorney as soon as possible.

Nicole M. Camporeale
Nicole M. Camporeale
Answered
  • Probate Lawyer
  • Orange, CT
  • Licensed in Connecticut

A: The Will must still be filed with the Probate Court. If you are named Executor in the Will, the Court will go through the process of admitting the Will and appointing you as Executor. Without that appointment from the Court, you are not authorized to sell the home. The fact that the Will states you have authority to sell, only means that after you are appointed, you can sell the home without needing to file additional paperwork with the Court to approve the sale. In addition to needing the Court's appointment as Executor in order to sell the home, you will need the release of estate tax liens to record on the land records to clear title to the property.

These tasks can be done on your own, but I do recommend hiring an experienced estate administration attorney to assist you.

Regarding the sibling, this will depend on exactly what the will says. If he has an issue with the sale or he won't leave, the Court will be your resource for resolving this issue. Again, an attorney would be advisable if you expect an issue.

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