legally inherit

[rafinley]

What is the name of your state? Oklahoma My mother passed in 2006. I am executor. Three of us are named to inherit in will. We have not sold her house since that time. My brother who is named to inherit would not agree. He did not wish his wife to get any of the money. He has since passed and I desperately wish to sell this house. When I do does his wife, my sister in law, have legal claim to this estate?

 

[FlyingRon]

Was the property transferred into your three names? That kind of makes a difference on the next step.

Likely you're going to have to probate your brother's estate and then deal with the heir about his third. If you can't reach an agreement with the heir, then a partition suit may be the only answer.

 

[LdiJ]

If your brother died without a will then his wife and any children he has would all have a claim against your mother's estate.

 

[Taxing Matters]

What is the name of your state? Oklahoma My mother passed in 2006. I am executor. Three of us are named to inherit in will. We have not sold her house since that time. My brother who is named to inherit would not agree. He did not wish his wife to get any of the money. He has since passed and I desperately wish to sell this house. When I do does his wife, my sister in law, have legal claim to this estate?

Your brother was a beneficiary of your mother's estate as he did survive your mother. Even though the house was never sold (and evidently never distributed from the estate) he still had a claim to the house. When he died, his interest in that house now becomes part of his estate and will go to whomever he gave it in his will (if he had a will) or gets distributed to his heirs under the intestate succession law of the state where he house is located if he did not have a will.

 

[HRZ]

You are missing a critical point...as executor it's your call as to how to best distribute as per the will, it is NOT a community vote and you may have been unwise to invite input from others. UNless the will calls for in kind distribution of 1/3 each of the home I'd vote against any such 3 party deed.

Get the property sold...then brothers 1/3 less any fees expenses and commissions get delivered to brothers estate /executor . HIs executor can sort out his side of equation . Whether his wife gets a slice depends on how brother worded his will and state law .

 

[FlyingRon]

You are missing a critical point...as executor it's your call as to how to best distribute as per the will, it is NOT a community vote and you may have been unwise to invite input from others. UNless the will calls for in kind distribution of 1/3 each of the home I'd vote against any such 3 party deed.

It's unclear from his post if the property remained in the estate or indeed was retitled in the names of the three parties.
That's why I asked my first question. If it's not in the estate anymore, it indeed requires consent of all three parties to sell.

While you are right that selling the house still in the estate isn't a community vote, the executor has to get it approved by the court.

 

[Taxing Matters]

While you are right that selling the house still in the estate isn't a community vote, the executor has to get it approved by the court.

In Oklahoma the executor may arrange for the sale but must get the court to confirm the sale prior to closing and transfer of the title. Ok Stat. 58-382. But unless somone files an objection to the sale the confirmation is generally pretty perfunctory.

 

[FlyingRon]

Exactly.