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?
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
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