Can my brother sell the house of our deceased sister after majority of my siblings gave him an authority to sell but no estate administration has been set up?

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Can my brother sell the house of our deceased sister after majority of my siblings gave him an authority to sell but no estate administration has been set up?

My sister died almost 2 years ago. She was divorced with no children. Our parents pre-deceased her. I have 4 other siblings who are supposed to be heirs to her estate. She had a house which is not yet fully paid; there is a remaining balance of around $35,000. My siblings and I want to sell the house. The problem is, 1 of our siblings who has access to go to the US is asking us to give him an authority to sell the house. To my understanding, my brother should not do that. Instead, he should apply as estate administrator.

Asked on August 10, 2013 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  you are correct: he can not sell the house unless he is appointed as the Administrator of the estate.  There is no way to transfer the deed otherwise. He should speak with an attorney here as to being appointed.  If you all agree to his appointment then it will not be a difficult thing. Good luck.


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