Legal Question in Wills and Trusts in North Carolina

If the home is to be sold, it will only bring in what the market will bear. What is your sister's belief that the home is worth more? If she thinks it will bring in that at market, then let her If her pay for her own appraiser who can give you a report. I would then show the appraisal to your realtor and your appraiser and find out why there is such disparity between your appraisal and your sister's.

What does the will say, if anything? Some wills are written in a way so as to give the executor broad discretion. Does the will give you authority to sell the property or would you have to seek permission from the court.

Below are some provisions from the statutes which may assist - they provide that the executor has the power to direct the terms of the sale, which would include selling price, as will be most advantageous to the estate.

� 28A‑17‑8. Under power in will, sales public or private.

Sales of real property made pursuant to authority given by will may be either public or private, unless the will otherwise directs, and may be on such terms as in the opinion of the personal representative are most advantageous to those interested in the decedent's estate.

� 28A‑17‑10. Title in personal representative for estate; he or successor to convey.

When real property is conveyed to a personal representative for the benefit of the estate the personal representative represents, the personal representative or any successor personal representative may sell and convey it upon such terms as the personal representative may deem just and for the advantage of the estate. The procedure shall be as is provided in Article 29A of Chapter 1 of the General Statutes, entitled "Judicial Sales." If it is made to appear to the clerk of superior court by petition and by satisfactory proof that it will be for the best interest of the estate to sell by private sale, the clerk may authorize a private sale in accordance with the provisions of G.S. 1‑339.33 through 1‑339.40.