Legal Question in Wills and Trusts in Illinois
Can an executor of a will sell a house even if the rest of the heirs do not want to yet.
2 Answers from Attorneys
The correct answer is going to depend on a number of the particulars of the estate. Among the factors what does the Will say and is the estate sufficient to pay creditors and administration expenses. Generally, the executor is not required to sell during administration, and if the situation warrants, can simply distribute out the property among the beneficiaries/heirs, who would become co-owners.
You should speak with a probate attorney about the particualar situation.
Unless the Will specifically directs sale, the Executor will probably be unable to sell the house without taking certain steps (which all require the assistance of an attorney). Feel free to call me for a free consultation.