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Do all heirs have to agree to the sale of property when there is no will?
Wiki User
∙ 12y ago
None of the heirs have to agree to the sale. The executor, with permission of the court, determines the disposition of the property according to the state laws.
Wiki User
∙ 12y ago
Yes, all heirs typically need to agree to the sale of property when there is no will. Each heir has a legal right to inherit a portion of the property, so their consent is usually required for any decision regarding the sale of the property. If an agreement cannot be reached, a court may need to be involved to determine the outcome.
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Can one heir force three heirs to sell property if they want to keep it?
In most cases, one heir cannot force three other heirs to sell a property if they want to keep it, unless specified in a legal document or through a court order. All heirs typically have equal rights to the property and must come to an agreement on its disposition. If an agreement cannot be reached, a mediator or legal action may be needed to resolve the issue.
When an acre of land has been lived on solely by one heir for ten years all other heirs but two have signed land over to resident heir what are the rights of the two heirs who haven't signed?
The two remaining heirs still hold legal rights to the land, even if they have not lived on it. They cannot be forced to sign over their rights without their consent. They may have the option to claim their share of the inheritance or negotiate with the resident heir for compensation. Legal advice should be sought to explore options for resolution.
If there is property left without a will and there are several siblings do all surviving siblings have to sign or approve to sell the property in Tennessee?
In Tennessee, if there is no will, the property will pass according to the state's intestacy laws. If the siblings all have equal ownership rights to the property, then all siblings would need to agree to sell the property. However, it's advisable to consult with a lawyer to ensure that all legal requirements are met in this situation.
Can an Indian grandson can get his grandmother's property?
In India, as per the Hindu Succession Act, a grandson has rights to his grandmother's property only if his parent who is the deceased's child is also deceased. The property will be divided among all legal heirs as per the law, which may include the grandson depending on the circumstances. It is advisable to seek legal counsel to understand the specific details of the situation.
What all is considered the estate?
An estate typically includes assets owned by an individual at the time of their death, such as real estate, personal property, investments, and financial accounts. It also includes any debts or liabilities the individual had when they passed away. The estate is then distributed to heirs or beneficiaries according to the individual's will or the laws of intestacy.
Can siblings force the sale of inherited property in Florida?
Siblings can force the sale of inherited property in Florida. All siblings must agree or the property will have to be sold and split up, as long as each of them are on the property's name and/or will.
Who is entitled to proceeds if all life estate heirs agree to sell property?
If the life estate holders agree to allow the property to be sold then they mush sign the deed and by doing that they will relinquish their life estates. The proceeds from the sale will go to the remaindermen who own the fee interest in the property. In order to encourage the life estate holders to relinquish their life interest the remaindermen may offer a part of the proceeds as an incentive.You should seek the advice of an attorney who can review your situation and explain the options.
Who signs for the sale of a house to be split between the 3 heirs when one of the heirs is the executor only the executor or all 3 heirs?
The executor has the Letter of Authority to conduct the sale. No one else has to be involved.
Do all 6 persons on a deed have to agree to sale the property?
Yes. In order to convey the title to the property all six owners must sign the deed. Anyone who doesn't sign retains their interest in the property.
Are all heirs responsible for taking care of property?
Normally yes all heirs are responsiably, unless one of them is appointed the executor the estate.
Can a co-executor force the other co-executor to sell real estate?
Executors must be appointed by the court and then perform their duties under the supervision of the court. You need to appeal to the court for a ruling if the two of you have equal power and cannot agree. You must state all the pertinent facts in a motion and the reason the sale of the real estate would be in the best interest of the heirs. The court will issue an order that must be followed. On the other hand, if one of the heirs wants to keep the property they must buy out the interests of the other heirs.
What happens when inherited property is sold for taxes?
If the heirs want to keep the property they must pay off all the delinquent taxes, interest and costs. If not, the town will take possession of the property and sell it to a new owner.If the heirs want to keep the property they must pay off all the delinquent taxes, interest and costs. If not, the town will take possession of the property and sell it to a new owner.If the heirs want to keep the property they must pay off all the delinquent taxes, interest and costs. If not, the town will take possession of the property and sell it to a new owner.If the heirs want to keep the property they must pay off all the delinquent taxes, interest and costs. If not, the town will take possession of the property and sell it to a new owner.
If there are four heirs to a large piece of property can three of them force a sale of the property and if so what happens to the mineral rights belonging to one of the heirs?
By Canadian Law generally the majority of heirs that agree over-rides the others as far as the selling of any property, but, the others who do not want to sell can seek legal counsel and you have a face-off in court. This can take many years to settle so normally most people come to an amicable agreement rather than wait for any monies due them. * In the US the owners wishing to sell the property would need to file suit against the reluctant owner to have the property partitioned so that each person would be allocated their share and would then be able to sell it. In some states the court can order a forced sale of the property regardless of whether all owners are agreeable or not.
If a father dies and leaves a home in the state of Virginia to four daughters and one does not want to sell property what should they do?
She must buy out the other heirs if she wants to keep the property. If she can't or won't then the other heirs can petition the court to partition the land. The court will appoint a commissioner who will make all the arrangements to sell the property. The commissioner will need to be paid and the real estate agent who handles the marketing and sale. There will also be court costs and other legal costs. The net proceeds, after all the costs have been deducted, will be divided equally among the four heirs.
Do other heirs need to sign if you sell the property?
The decedent's estate must be probated in order for the heirs to have legal title to the real estate. All the heirs must sign the deed. If you want to sell the inherited real property the attorney who handles the estate can advise you.
Can land be surveyed without all heirs agreeing?
The actual act of surveying a piece of property can be conducted at anytime. It sounds as if the DIVISION of the property among the heirs is going to be in dispute. It sounds as if either the Executor of the Estate OR the Probate Court may have ordered the survey in order to determine an equitable split of the property among the named heirs.
How do you sell a house when a parent dies and no will is left but all surviving children agree to sell the house and split whatever is left?
First, the estate must be probated in order for legal title to the real estate to pass to the heirs. You need to consult with an attorney who specializes in probate law in your area. The attorney will assist you in filing the probate and then advise you about selling the property. The property could be sold through the estate or by all the heirs once the estate is settled.
