estate sale of property being forced by bank and an heir refuses to sign off interest

[Deetliltown]

What is the name of your state (only U.S. law)? PA

The estate has been ongoing for over 5 years. We have a contract for the sale of a major property owned by the estate. The bank that has the mortgage on the property is forcing the sale. We were able to get a contract just days before the property was set for Sheriff Sale for foreclosure. This sale does not finalize the probate - their are still other properties and other items to be handled. One of the heirs will not sign off on titling paperwork required by the buyer basically saying that they are waiving any interest they have to the property. I still have not actually seen the document myself. I was under the impression that the executor has the authority to sell any property necessary in order to pay debts and expenses. Can this heir by not signing delay this settlement.

 

[FlyingRon]

The executor is indeed responsible.
However, there's no obligation for an heir to sign off on such a waiver, even if they no claim to the property.

 

[tranquility]

The estate has been open for over 5 years and there are still properties and items to be "handled" and one property was about to go to foreclosure sale? Um...who are you? If you are the executor, you need an attorney. I have no idea why the state has allowed this to go on so long already and uncertain as to all the facts as to what is happening. But, the buyer has rightful concerns that this is a FUBAR situation and is just trying to make sure the deal they made goes through without a hitch. Apparently, there's a hitch. What a mess.

Executor? Get an attorney. You may be in fiduciary breach. Beneficiary? Get an attorney, something is wrong and you need someone to review everything.

 

[anteater]

If the property was specifically devised, then title would have vested in the names of the specified devisees. If it is being sold, the title company will insist that the beneficiaries waive their rights.