What are your rights if your sister and brothers agree with the executor's decision to sell your mother's home but you disagree?

Answer 1

If all 3 of you are mentioned in the Will then you have a right to contest the selling of the house. Everyone goes through a grieving process at different length of time, so some are not ready to part with parent's possessions and it's best to wait a few months to get your emotions together before selling off anything or giving things away. The law is: If the 2 siblings agree and you do not go to a lawyer about this then 2 out of 3 wins! You will lose unless you see a lawyer. If for instance, you loved the house you do have the opportunity to buy that house/property at market value then fo that through a lawyer. So many times siblings fight over Wills. Either someone isn't getting what their mother or father promised them while living (parents often do this usually as they get much older ... promise a daughter a certain ring and give it to someone else.) Unless so stated in the Will (itemized in the Will) then that sibling is out of luck. If possible try sitting down with your siblings and discuss this with them and try to express why you don't want to sell the house yet. You have to decide if you can afford to buy the house/property. It makes it difficult for all of you to rent out the house in order to make it pay for itself and that can get very complicated and a pain in the neck. I know how you feel because my husband went through this with his siblings and unfortunately the house was sold and torn down to make room for condos. This is not necessarily true with your mother's house. However, as I said to my husband ... "Memories are made in your heart, and no one can take that away from you. With you mother/father gone now, the house is but a shell and they are in your hearts." He found this a soothing way to look at it and it's true. If you are really connected to that house and it gives you pleasure try buying it. Your siblings can't stop you (as long as they get what the house/property is worth) and they can't go over market value. Good luck Marcy