Legal Question in Real Estate Law in Illinois
Petition Court for Sale of Inherited Property
How long does it take if someone partition the court for a force sell of property. 1 wants to sell 6 doesn't. Property still in deceased mother name, will left , mother left house to all 7 adult children.
2 Answers from Attorneys
Re: Petition Court for Sale of Inherited Property
If there's a will, you must file the will and open an estate. The executor named in the will should have the power to sell the house once the court issues "letters of administration," and an affidavit of heirship is filed. Whether the house is sold or not is up to the executor, not the other 6 heirs. Since the executor must distribute to the heirs after all claims are paid, including the funeral, the house must be sold. The court wants the will carried out, and the estate closed.
Re: Petition Court for Sale of Inherited Property
Will has to be admitted to probate and the executor will be forced to sell to distribute proceeds to the heirs - be sure executor is supervised by the court if it is one of the heirs that doesn't want to sell - that way you ensure there are no issues after the fact because they must get court approval. Timelines vary greatly
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