Rights for co trustees of an estate

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My sister died. My niece wanted to buy the house which my parents bought for my sister. She did not have the money so my mother put a lien on the house for 40,000. My niece and her husband both signed the document and it was filled with the proper authorities. My mother has since passed away and my sister and I are co-trustees of her estate. We contacted my niece to try and settle this and she replied saying that my mother never intended to collect on this. Do my sister and I have legal rights to this money and can we make her sell her house to pay back the 40,000 dollars?

Attorney Answer

1
Frank Selden ·
If there is a lien in place then your mother intended to collect. Besides, her original intent is not the real issue. The real issue is that her estate has an outstanding debt that needs to be settled to move the probate along. Now, the heirs to your mother's estate could agree to close the debt without payment and teh executor could cancel the lien. You could, but you have no legal or moral obligation to do so.
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