Legal Question in Wills and Trusts in North Carolina

I live in NorthCarolina my mother past away in 2005 and left her home that is paid for to me and my sister with me being the Executor of my mothers estate. My sister and her husband have lived in the house since my mother past away but we had an agreement that they would pay the taxes and keep fire insurance on it, she has paid the taxes once without my help and there is no fire insurance on it.My mothers last will and Testment states that she has granted me the executor full power and authority to sell any property at public or private sale,with or without advertisment and without the approval of any court,and to do any act which in my opioion is in the best intrest for her estate. My question is can I sell this house without my sister? The taxes are due for 2009 and the county is about to foreclose on the house for the taxes. I am tired of dealing with this every year and I want out. Can I sell this house before she causes us to lose it for the taxes??


Asked on 5/29/10, 6:24 pm

1 Answer from Attorneys
Rachel Hunter

I would have to see the will, but if the property was left solely to you, then you can do what you want with it. Why is the estate still open after all this time? The estate should have been closed out and the property distributed to you. In such caes, the will would not be relevant.

What kind of agreement did you have with your sister? Was it in writing? You may have to first have your sister evicted from the home before you can prepare the home for sale.

I would find the money to pay the taxes and then take the necessary steps to sell the home.

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Answered on 5/29/10, 10:17 pm


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