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Can a Beneficiary Stop The Sale Of a Property?

beneficiary stop the sale of property

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It is one of the most important questions asked about the sale of assets. Can a beneficiary stop the sale of a property? The short answer is “no” but it’s never that simple when it comes to inheritance and probate laws. There are situations where a beneficiary can stop the sale and challenge it in the court systems. Let’s review the roles of the executor and beneficiaries before we talk about possibilities.



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The Beneficiary And Their Role

The beneficiary has an easy role, they collect the assets that have been left to them by the deceased. They do not have any other responsibilities to contend with. Many of us have witnessed those situations in which the beneficiary is unhappy with their lack of involvement and opinions about what should happen with some assets. Ultimately, the courts uphold what has been determined in the will and ensure that the executor is doing their job. However, sometimes the courts find that the executor of the estate isn’t doing the right thing.

Frustrated with getting your inheritance quickly? Contact us to learn how we can help you get it quicker.

The Executor And Their Role

An executor of an estate is responsible for making sure that the wishes of the deceased are fulfilled. These wishes are in the will and are supposed to be followed exactly as planned. Their responsibilities include:

Beneficiary

When The Executor Doesn’t Follow Their Responsibilities

It all sounds cut and dry, right? Well, there is always a loophole somewhere and there is here too. It is understood that the executor of an estate will follow probate laws and act in good faith of the will. If there is to be the sale of property, it must be done in a way that shows it’s not for personal gain and benefits the beneficiaries. A sale of the property at market value to pay off debt and taxes is an act of good faith. 

However, not every executor does this. A quick sale of property well below market value can be seen as an adverse action. Any sale of property below market value that benefits the executor is also questionable. This is where a beneficiary could stop the sale of a property. It requires court intervention and the beneficiary will have to pay for the legal battle.

Selling Inherited Property FAQs

Yes, siblings are able to force the sale of inherited property with the help of a partition action. If you don’t want to hold on to an inheritance given to you by parents, you might want to sell.

This question can be complex and depend on many factors including the will document. However, as a general rule of thumb, unless the will explicitly states otherwise, inheriting a house with siblings means that ownership of the property is distributed equally. The siblings can negotiate whether the house will be sold and the profits divided, whether one will buy out the others‘ shares, or whether ownership will continue to be shared.
If you are the only person named on the official copies or title deeds for the property then you are the sole owner and are able to do whatever you want with the property. This applies to cars as well. If your name is not on the deed you are not able to sell it. This is why many beneficiaries have to wait to receive money from probate. During probate the deed is not technically in the name of the individuals who are inheriting it until probate is concluded. 

How We Can Help You

Watching the sale of a property can be painful and if you are considering contesting a sale, we can help. Getting an advance on your inheritance can help you fund the court battle you will face. Contact us today to learn more on how we can assist you.

Legal Disclaimer: Please note that Inheritance Advanced is not a lender. Inheritance advance does not provide probate loans, inheritance loans, or estate loans, rather, an advance on a portion of proceeds signed over to Inheritance Advanced. Inheritance Advanced is also not a probate attorney and any information in this article should not be misconstrued as legal advice. We recommend that you seek the advice of an attorney, CPA, and tax attorney regarding any decisions pertaining to your probate.

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Our Inheritance Cash Advances help heirs receive a portion of their inheritance payout in just a few days. We then wait and are paid directly out of your share when the estate finally closes. We wait for probate so that you don’t have to. Click below and fill out our short form to receive an advance immediately.

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Get Your Inheritance Money Now!

Our Inheritance Cash Advances help heirs receive a portion of their inheritance payout in just a few days. We then wait and are paid directly out of your share when the estate finally closes. We wait for probate so that you don’t have to. Click below and fill out our short form to receive an advance immediately.

Probate Costs