Can your mother sell real estate owned with your now deceased father if your father had one of 4 siblings' names put on the original deed and this sibling doesn't want to sell?

Answer 1

I'm a realtor. All parties on the deed have to agree to sell, otherwise, there can be no passing of papers to the new owner. Once the closing attorney discovers the wording of the deed, he will need all parties present to sign off on the deed. Another option is your mother can buy out the other siblings interest for an agreed price whereby that sibling will give a quit claim deed to all rights to the property, then your mother is free to sell.

Answer 2

The answer depends on whether your parents held title as tenants by the entirety and how your father added his sibling's name to the title. The tenancy set forth is a deed determines what happens when an owner dies. The sibling may or may not have an ownership interest in the property. The deeds and title need to be examined by an attorney who specializes in real estate and probate law. It is likely that your father's estate must be probated. More details are needed.