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What Happens If the Family Doesn't Agree on Selling the House?

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Disagreements between family members are very common when settling an estate. You're not alone if this is happening in your family.

Often, it looks like this: one brother or sister wants to keep the house and rent it out. Another wants to sell and split the money. Someone else just wants it to be over. Everyone is grieving, and feelings run high.

What can help

  • Get the facts first. What is the house worth? What does it need? What would it cost to keep it (mortgage, taxes, insurance, repairs)? Clear numbers make it easier to talk.

  • Look at a buyout. Sometimes the family member who wants to keep the house can buy out the others.

  • Bring in a neutral person. A probate attorney or a mediator can help everyone talk it through.

  • Keep everyone informed. Many hard feelings come from someone feeling left out.

What if no one can agree?

In probate, if the executor plans to sell under full authority and an heir objects to the Notice of Proposed Action, the executor has to go to the court. Then the judge decides. Your probate attorney can explain what that would look like for your family.

How I help

I give every family member the same honest information about the home's value and condition. I stay neutral, and I keep everyone updated, so the decision can be about facts, not guesses.

I'm not an attorney and can't give legal advice. I work alongside families and their attorneys to sell the home and keep things moving.

Read more: A guide for heirs and families

Helen K. Burke, REALTOR® | Residential Sales, Probate & Trust, NOD


Intero Real Estate | DRE #01175866 | 408-835-8967

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