Legal Question in Wills and Trusts in Oregon

Hi, here is the problem. The owner of the house passed away, left the house to her 3 adult daughters. 1 adult daughter was living in the house and subsequently also passed away, leaving her share to her 2 adult children. Now, the executor of the estate is moving into the house (the original owner had intended the house to be kept in the family for exactly this reason--so that her daughters could live there if they needed to.) The other 2/3rds shareholders now want to sell the house--even though we can't get what it is worth in this economy. The executor does not have means to buy out the others. Legally can they force her to sell? If they do not sell the house, can the executor continue to ask for help in upkeep and property taxes?


Asked on 8/20/11, 4:59 pm

1 Answer from Attorneys
Thomas Reid The Law Office of Thomas D. Reid, APC

Assuming there is a will, since you use the term executor, one would need to look to the terms of the will. The will may or may not provide for the terms of ownership of the house.

If the will is silent to the issue of multiple ownership/sale, chances are you will need the signatures of all three to sell. However, the other two individuals may be able to petition the court to allow a sale. In this situation, it would appear that trying to work out a purchase agreement for the house with financing or some other arrangement may be the best solution.

Regarding the continuing expenses of the property, if probate has been completed, all three parties would likely be on the hook for the expenses (taxes, etc). If the property is still in probate, the estate would be responsible until the asset is transferred.

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Answered on 8/20/11, 5:12 pm


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