What is the name of your state?What is the name of your state? Kentucky
My parents are deceased. My brother murdered them for profit and confessed to the crime. Parents had no will. My brother waived his fiduciary rights and requested I be appointed administrator of the estate. Estate is now in probate. Probate court/judge appointed me administrator of the estate. My brother (until found guilty) is the only other heir to the estate, and it looks as if his portion will pass to his children.
I am in the process of selling the house. My brother is in agreement to sell the house and will sign the deed. I have a couple who want the house desperately. They have been pre-approved for the loan and had it appraised. It appraised 14% higher than the asking price.
Right before we go to closing their lending company wants a motion filed in court to ensure that is OK for me to sell the house. The estate attorney states that this step is not necessary. The lending company’s attorney insists on the motion, stating that they are afraid they can not get title insurance without it.
It will take 3 weeks to get a court date and be in court, plus the lending company’s attorney states there will be a 30 day wait after the motion is filed, plus an extra week to close. This takes the sale 8 weeks past the closing date on the contract.
Is this extra step of filing a motion in court to sell the house needed? Is there anything else that can be done? I do not want to keep the property another two months for reasons of upkeep, insurance, mowing… liability. Any suggestions would be appreciated. I will be speaking with my attorney next week, but was hoping someone else could provide a solution that could conclude this sale.
My parents are deceased. My brother murdered them for profit and confessed to the crime. Parents had no will. My brother waived his fiduciary rights and requested I be appointed administrator of the estate. Estate is now in probate. Probate court/judge appointed me administrator of the estate. My brother (until found guilty) is the only other heir to the estate, and it looks as if his portion will pass to his children.
I am in the process of selling the house. My brother is in agreement to sell the house and will sign the deed. I have a couple who want the house desperately. They have been pre-approved for the loan and had it appraised. It appraised 14% higher than the asking price.
Right before we go to closing their lending company wants a motion filed in court to ensure that is OK for me to sell the house. The estate attorney states that this step is not necessary. The lending company’s attorney insists on the motion, stating that they are afraid they can not get title insurance without it.
It will take 3 weeks to get a court date and be in court, plus the lending company’s attorney states there will be a 30 day wait after the motion is filed, plus an extra week to close. This takes the sale 8 weeks past the closing date on the contract.
Is this extra step of filing a motion in court to sell the house needed? Is there anything else that can be done? I do not want to keep the property another two months for reasons of upkeep, insurance, mowing… liability. Any suggestions would be appreciated. I will be speaking with my attorney next week, but was hoping someone else could provide a solution that could conclude this sale.