If there is five heirs to one piece of property then no the 1 heir can not sell it without the others consent. The one heir owns only 1/5 of the property and can only sell his share.
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.
They have a share of the estate. That is not necessarily a share in a specific item or property. The executor sells and the proceeds are distributed per the will. Until you receive the property, you have no control over what is done with it.
The two heirs who did not convey their interest in the property still own their shares and have the right to the use of the whole property. The heir who acquired additional interests owns the property along with the other two all as tenants in common. If the person who resides on the property tried to mortgage or sell it, the title examination would disclose the additional owners and they would need to join in the action.
No, they do not have to sign. The executor of the will has the authority to sell the property. But they must have the permission of the court to do so. The other beneficiaries will then be able to state their position. Consult a probate attorney!
Yes, Russians are legally allowed to own private property. Private property rights are protected under the Russian Constitution, and individuals can buy, sell, and inherit property, as well as lease or rent it. However, there are restrictions and regulations that govern property ownership in Russia.
Get a lawyer and sue to "Partition to sell" said property.
They do have that ability to have them removed. The property belongs to the estate and the executor is responsible for it. They can rent or sell the property.
quit claim deed prevails
Yes, if one heir wants to sell and the other doesn't, the other must buy out the first heir or that heir can file a petition to sell the property in the probate court. See related question link.
If you evict him properly after consulting with landlord/tenant eviction attorney. Are you going to then sell the property and split money with the heir?
You can sell anything on land you own or someone's property (if they let you)
The executor should petition the court for the right to sell the property.
An heir may sell property by deed if the estate has been duly probated and the heir acquired all the interest in the property under the will. The estate must be probated in order for title to the real estate to pass legally to the heirs. If the estate has not been probated the deed would be null. If the estate was probated and the heir did not inherit a 100% interest then her/his deed would only convey the proportionate interest they own.
NO. A power of attorney expires upon the death of the principal. You need to submit the will to probate to have the estate probated. Real property cannot pass to the heir legally until the estate is probated. Therefore, you cannot sell the property because you don't own it until the will is probated.
You will receive 1/10 of the proceeds of the sale. Or you can buy the others out for 9/10 of the value of the property.
That depends on the will. It determines what happens to the assets of the estate.
Report the theft to the police. It is a crime to take and sell things that do not belong to you.