Legal Question in Wills and Trusts in Indiana

Selling Real Estate When All Heirs Are Not In Agreement

An uncle left real estate to myself and nine siblings. A cousin is the executor. The executor gave deed to me to be representative for all siblings, as per my uncle's request. The property is currently going through probate in Arkansas, the decedent's home state. The property in question is in Florida. I was given an offer to sell. Six out of ten of us siblings want to sell Florida propety. Do I have a right to sell and split the proceeds ten ways? Or can the minority of my siblings just ''sit on it'' as one has suggested to me. Three of the four will not even discuss the offer or even answer any of my written requests. The six of us want our money. Can we make the four hold outs buy-out our offered price (allowing us six to convey ownership to the four) at the offered price)?


Asked on 4/29/04, 8:49 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Selling Real Estate When All Heirs Are Not In Agreement

The answer must be found in either the will or by order of the probate court where the will was probated. Indiana law cannot assist you at this time because the decedent did not reside here and becuase the property is located elsewhere. If you don't have a copy of the will, ask for one or contact the attorney for the estate and find out from him whether you need an order of his probate court to sell the real estate.

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Answered on 4/30/04, 8:06 pm


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