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If an heir wants to survey their share of property but other heirs refuse to sign the deed, they can seek a partition action in court. This legal process allows the court to divide the property among the heirs or order its sale, with proceeds distributed according to ownership shares. Additionally, the heir may want to negotiate with the other heirs or mediate the situation to reach a mutually agreeable solution. Engaging a lawyer experienced in estate or property law can also provide guidance on the best course of action.

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2mo ago

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Related Questions

How is the probate estate maintained?

Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.


Can you provide a survey of your property?

Yes, I can provide a survey of the property, which includes a detailed map showing the boundaries, structures, and other features of the land.


If I pay taxes on property that has other heirs can I sell this property without their knowledge?

Generally, if you co-own property with other heirs, you cannot sell it without their knowledge and consent, as all owners have a legal interest in the property. Selling a property typically requires the agreement of all parties involved, unless you have a legal provision or agreement that allows you to do so. Additionally, the other heirs may have rights to the property that cannot be ignored. It's advisable to consult with a legal professional to understand your specific situation and the implications of selling shared property.


What is a blue line survey?

A blue line survey is a survey to establish the property boundary. The property line that is drawn as a result of the survey is called the blue line. Another type OS survey that is sometimes done for finacing and many other reasons is an ALTA survey which not only establishes the boundary, but also researches and shows any easements or existing features on the property such as the building and other topographical features.


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 an executor of an estate remove heirs from a property that is designated to be sold in the will if those heirs have paid the property taxes?

Yes, if the property was owned by the decedent and the Will provides that it be sold. In that case, the executor must carry out the provisions in the Will unless the provision is changed by a court order. It is assumed that there are other heirs besides the ones who paid the taxes on that property. The heirs who paid the taxes can file a claim against the estate for the amount they paid in taxes and they can offer to buy the property from the estate if they wish to keep it. They should speak with the attorney who is handling the estate.


In Pennyslvania can one heir mortgage heir property without other heirs agreement?

A single heir can only mortgage their interest in the property. For example, an heir with three other heirs only owns a 1/4 interest. Most lenders will not loan money on a proportionate interest in real property.


Can 1 heir sell property out of five in Ohio?

Yes, in Ohio, if there are multiple heirs to a property, one heir can sell their share without the consent of the other heirs. Each co-owner has the right to sell or transfer their interest in the property without approval from the other co-owners.


Should all heirs have a house key to property?

No only those that the current owner wishes to have a house key should have them. Any other heirs can get one after the will is settled.


What if an heir doesn't want any part of the property proceeds?

They can decline it. It will be distributed across the other heirs.


What if the executor does not want to sell a house in the will?

There is no problem if the debts of the estate have been paid and the executor is the sole heir. However, if there are other heirs who want to sell the property and take their share of the proceeds the executor must buy out the interests of the other heirs. Otherwise, the heirs are entitled to a sale of the property and can file a petition for partition if the executor will not act.


How can I obtain a home survey?

To obtain a home survey, you can hire a licensed surveyor who will visit the property and create a detailed map showing the boundaries, structures, and other relevant information about the land. This survey can be used for various purposes such as property development, legal disputes, or simply to understand the layout of your property better.