QUESTION
Can my cousins sell my grandfather's property?
Asked on Aug 25th, 2013 on Estate Planning - Idaho
More details to this question:
My father was the only son. When my Grandfather died, he left no will for some of his property. Now my cousins want to sell the property. Can they sell it without letting us know?
12 ANSWERS
Bankruptcy Attorney serving Florissant, MO
at
Law Offices of Thomas Corcoran Phipps
Update Your Profile
They can sell it only if their names are on the title. If not it will have to go through probate court, and they will have to notify you.
Answered on Sep 12th, 2013 at 11:43 PM
Taxation Law Attorney serving Glendale, CA
at
Irsfeld, Irsfeld & Younger LLP
Update Your Profile
Not without letting your father know.
Answered on Aug 27th, 2013 at 8:56 AM
Accident Attorney serving Lagrangeville, NY
at
Marco Caviglia, Esq.
Update Your Profile
Too many unknowns to address this definitively. I suggest you contact a local probate attorney to discuss details and get advice.
Answered on Aug 27th, 2013 at 4:34 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
Impossible to say without more information. Who is the personal representative? If it is someone other than your cousins, then they have no say.
Answered on Aug 27th, 2013 at 4:05 AM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
If I read this question correctly, your father, an only child, and a deceased grandfather with no will., should have received all that your grandfather had, which would pass to you upon your father 's death, assuming no will or other instrument in existence.
Answered on Aug 26th, 2013 at 6:57 PM
Thomas Edward Gates
The cousins need to be appointed executor of the estate in order to sell the property. Also, if he did not have a spouse at the time of his death or living children, then all of the cousins share and share alike in the estate. Thus, the property can only be sold if all the parties agree to do so.
Answered on Aug 26th, 2013 at 2:26 PM
If your grandfather owned property in his name alone and he died without a Will that disposed of the property, then he passed to his heirs. If you are one of his heirs you have rights in the property. The other family members cannot sell it without your consent. Go see an attorney.
Answered on Aug 26th, 2013 at 2:23 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
If grandfather is the only record owner, then the property can only be sold in the administration of his estate.
Answered on Aug 26th, 2013 at 12:03 PM
2 Awards
The property will probably have to go through probate to be sold. He cannot sell it without giving notice to all heirs and it sounds like you are one of them. You may want to consider filing probate yourself.
Answered on Aug 26th, 2013 at 12:01 PM
If your grandfather had a will, any property not specifically named should have become part of the remainder and residue of his estate and distributed accordingly. Your cousins would have to show that they have some sort of legal claim to the property before they could sell it.
Answered on Aug 26th, 2013 at 11:38 AM
Estate Planning Attorney serving Spanish Fork, UT
at
Prigmore Law
Update Your Profile
In Utah, if you want to sell a home still in the name of the deceased, you must start a probate in court and request to be named a Personal Representative. The motion to request to be Personal Representative must name all possible heirs. Then when you receive notice, you take part in hearings and request notice of everything that happens. If they do not name you, they have lied to the court. If they sell the home and keep the money, you can go to court and demand your fair share.
Answered on Aug 26th, 2013 at 11:19 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
The estate has to go through probate. Has one of the cousins filed for probate? Talk with an attorney and find out what, if anything has been done.
Answered on Aug 26th, 2013 at 11:15 AM