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Selling Shared property
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Fellers Ranch
Posted 3/25/2024 13:31 (#10679775 - in reply to #10679752)
Subject: RE: Selling Shared property


Conger, MN
Yes, any will can be contested and actions of a PR can be challenged.

Doing things by consensus often typically best, but not always possible. I've been involved with situations where there are multiple siblings, all with different ideas on what should be done. Lots of time and money can be spent trying to get everyone to agreed.

The PR needs to be able to make decisions, even if not everyone agrees. If someone disagrees, he can file a petition or a motion challenging the PR's decision. If the PR is acting in good faith, following the terms of the will, and making decisions in the best interest of the Estate overall, the judge in most cases will side with the PR. Of course, that changes if a PR is showing preference for one heir over others, is self-dealing, or failing to follow the terms of the will or the applicable law.

Here it sounds like there are three siblings, and one of them disagrees with the other two. If an agreement can't be reached, the PR will have to decide (assuming it is in an Estate) what to do. Again, if the PR is doing the job correctly and making a reasonable decision, the judge is likely to support what the PR decided to do with the house.

If there was a will that named a PR, the parent presumably named that child as PR (over the siblings) for a reason.
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