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  1. #1
    Join Date
    Apr 2016
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    3

    Default Selling a House from a Probate Estate Without Using a Real Estate Agent

    My question involves real estate located in the State of: Illinois

    My Mom passed October 2014 Her house is in probate. We have been instructed by the courts to have it listed for sale by 5/1/16. All four siblings were previously on board to sell to the public and I obtained a realtor to do this. My one brother has since said he's interested in the property and that we don't need the realtor. He has made this power of attorney/estate tasks extremely difficult for me. I have done the best I can... my siblings have procrastinated in clearing out my Mom's house so I was alone in doing this. It has taken so long that now the court has mandated this date. I was all set to meet this 5/1 selling date, but now he says he wants to buy it and that we don't need a realtor. I contacted the lawyer and told them and the lawyer said my brother must still list it but without his own name.

    I am so confused. I want to do this with as little communication to my brother as possible... since he has been nothing but a jerk to me since my Mom passed. I already wrote him an email and cc'd the lawyer and said he needs to show documentation that he has listed the house with his interest to buy by 4/29/16 or I will go forward with a realtor and list the house on 5/1/16 to the public.

    Am I doing this right? What else do I need to do? Thanks.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Selling a House from a Probate Estate Without Using a Real Estate Agent

    Quote Quoting Everly
    View Post
    ...and I obtained a realtor to do this.
    If you signed a contract with a real estate agent, unless you specifically excluded certain persons or classes of persons from the contract, you can anticipate that the estate will have to pay the commission whether or not your brother wants to bypass the agent.
    Quote Quoting Everly
    I contacted the lawyer and told them and the lawyer said my brother must still list it but without his own name.
    You have told us that you are the executor, which normally means that the person obligated to list the house as ordered by the court is you.

    The statements you are attributing to your lawyer don't make sense as presented here. You either need to add the factual context such that we can figure out what your lawyer is telling you or, better, go back to your lawyer and have him explain your obligations to you.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,726

    Default Re: Selling a House from a Probate Estate Without Using a Real Estate Agent

    He has made this power of attorney/estate tasks extremely difficult for me
    there is no power of attorney and having difficulty with "estate tasks" suggests you may be in over your head. There is no power of attorney and while there are "estate tasks" your terms suggest you are a bit lost
    to start with, was there a will? If so, who is/are the executor(s)? If no will, who is/are the personal representative(s)?

    if there was a will, how was the house addressed in the will?

    are there other assets in the estate? If so, how much value in the other assets and how much is the house worth?

    and yes, an estate lingering about for a year and a half is a problem in a typical probate.

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