You are the Executor of your parents' estate, so you can sell the house?

So you are appointed Executor of the estate of your parents. Pursuant to the Last Will & Testament you have lawyers obtain Letters Testamentary granting you the right to sell their assets.  It took months but now you put the home on the market. No need to consult siblings.  All good, right?  Not so fast.  Here again there are potential problems and minefields to navigate.  What if the language of the Last Will & Testament was "I leave my home at 123 Treehaven Road to my sons Tom and John, and my daughter Jill, equally"? 

Well, now the house at 123 Treehaven is not actually part of the estate that the Executor has control over.  That language creates a situation in which the house is vested in all three children upon the parents death and probate of the Will. 

Liens, bankruptcies and more can attach to the home and become liens.  All three siblings will need to sign the deed.   This can cause significant issues at the closing and delays.  Likely not what was intended when the Last Will & Testament was drafted.  

Talk about this with your lawyer before entering into a listing agreement with your real estate broker and before putting the house up for sale. Know what your role is and what needs to be done.