Asked in Contracts, Real Estate Law and Probate for Utah

Q: If 4 kids sell a house inherited & 1 nonexecutor says no after contracts start is that legal for a lien to be placed?

4 kids inherited a property from parents with 2 being an executor. After a closing date is set 1 nonexecutor kid places lien on property wanting price to be raised 200k. Price being sold is appraisal value. Is this allowed to stop closing of house and is there really a lien allowed to be placed on it?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Sacramento, CA

A: Based on the facts provided, it would likely not be legal for the non-executor sibling to place a lien on the inherited property to prevent the sale after contracts have been started. Here are some key considerations:

- If there are multiple heirs, the executors have authority to sell estate property, like a house, on behalf of all beneficiaries.

- A single non-executor heir cannot unilaterally impose a lien once the sale process has begun and contracts are signed. This would undermine the executor's powers.

- The nonexecutor sibling can challenge the sale price and process, but needs to go through proper legal procedures, not self-help like filing a lien.

- Proper avenues to challenge include filing a petition with the probate court overseeing the estate or suing the executors for breach of fiduciary duty if the sale is improper.

- But after sale contracts are executed, voiding the deal causes legal liability for the estate.

- Any heir has a right to their share of proceeds, but cannot alone impede a sale without court intervention.

So in summary, while heirs can challenge executor decisions, they cannot impose liens to prevent a sale once it is contracted. The nonexecutor sibling would need to make their case to the probate court to stop the closing, not act unilaterally through a lien.

Wesley Winsor agrees with this answer

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.