Legal Question in Wills and Trusts in Ohio
Estate
I am the executor of my mothers estate, their is a lien against the property, I am trying to sale the property to satisfy that lien and my sibling is trying to hold up the sell sale stating that we did obtain his signature to proceed with the proceed with the sale of the house. Do I actually need his signature if I am the executor of the estate and there is a lien against the property?
1 Answer from Attorneys
Re: Estate
Your sibling's signature is NOT needed for the sale of a house that was in your mother's name, was not a survivorship or transfer on death deed, is part of the probate estate and you are a court-appointed Executor. If the will did not give you the power to sell real estate, the contract will have to be approved by the Probate Court. If you do have the power to sell, you do not need Probate Court approval to sell the real estate. (Franklin County). Just make sure the estate is solvent before you sell the property.
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