real-estate north-carolina executor
When does the duty of an executor end?
<p>My two brothers were appointed co-executors of my Moms will. Probate has been done for months now. We all 3 inherited her house in equal shares, two of us live there. I am being told because they were executors that they can decide to sell, without my consent as they are still in charge, due to being executors. Is this true? I was under the impression that when probate was settled and all the affairs of the deceased person had been settled, that the duty and/or authority of an executor is done.</p>

<p>If three people inherited a house in equal shares, then a new deed should have been prepared and filed with the appropriate governmental authority (the county in most US states) before probate is closed. When that is done the authority of the executors over the house <strong>as executors</strong> has ended.</p>
<p>However, if I understand you correctly, the two former executors are also two of the three heirs to the house. Thus they own a 2/3rds interest in the house. At least they can sell their interests without your consent, leaving you a minority owner with the purchaser owner a majority. In some jurisdictions they may be able to force a sale, paying you your share of the purchase price. But this would be because of their majority ownership, not because of their former status as executors.</p>
<p><strong>Addition</strong>:
In some states co-owners who are joint tenants may not sell their interests without the consent of the other co-owners, but this is jnot true in North Carolina</p>
<p>According to the site of the <a href="https://hutchenslawfirm.com/blog/real-estate/forms-ownership-interest-nc-real-property" rel="nofollow noreferrer">Hutchens Law office</a>:</p>
<blockquote>
<p>ownership as tenants in common provides each party with the right to
sell, gift, devise, or otherwise convey their interest in the property
without the permission of the other owners. This means that the
ownership interest is freely alienable or transferable. As a result,
an owner may sell or give their interest in the property to anyone
they want, or they may willingly or by judgment use their interest in
the property to secure or satisfy a debt with a creditor. Therefore,
parties entering into an agreement to purchase property as tenants in
common should be aware that they may ultimately end up owning the
property with a stranger. If this were to happen, there is a way out,
but it may be costly. At any time, if the parties can't agree, any
owner may petition the court for a partition of the property. The
court could require one owner to buy another out or force the sale of
the property. The court will decide the ultimate outcome based on
equity.</p>
</blockquote>
<p>...</p>
<blockquote>
<p>[I]f the intent of co-owners holding interest as joint tenants is to
automatically transfer their interest at death to the survivor, the
language must be on the conveying instrument as right of survivorship
is not automatic with joint tenancy in North Carolina and if the
language in not included, the decedent's interest will pass to his
heirs.</p>
</blockquote>
<p>...</p>
<blockquote>
<p>However, any owner has the right to convey their ownership interest
during their life; and if they do, the survivorship agreement ends,
and owners simply become joint tenants by operation of law.</p>
</blockquote>
<p>In North Carolina there seems to be little practical difference between co-owners who are tenants in common, and those who are joint tenants without a right of survivorship. But whichever form of co-ownership is chosen: tenants in common, joint tenants without a right of survivorship, or joint tenants with a right of survivorship, each of the co-owners has a right during his or her lifetime to sell, give away, or use as collateral on a loan his or her share of the property, without consulting the other co-owners. They cannot force the other co-owner(s) to sell, except by starting an action of partition in a court, when a judge would decide. An unrelated buyer might be unwilling to purchase only a 1/3 or 2/3rds interest, because the remaining co-owner(s) would still have full rights to use and occupy the house, can could sell to a different buyer.</p>
<p>All co-owners are responsible for their proportionate shares of all expenses, including mortgage payments, repairs, and taxes.</p>
