QUESTION
How can one person out of 35 have control over the property without the consent of the others?
Asked on Apr 23rd, 2014 on Estate Planning - Nebraska
8 ANSWERS
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You did not provide enough information for me to offer any answer to this question. Is the property in trust? Are each of these 35 people co-owners? Is the property in a probate estate? The underlying facts are important to understand what this "one person out of 35" could actually do.
Answered on May 19th, 2014 at 3:23 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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I am not sure what you refer to, but you could bring a petition to partition the property to get the other person out of the picture, in effect buy that person out of his interest in the asset.
Answered on Apr 24th, 2014 at 1:12 PM
3 Awards
There are a number of ways, you need to sit down with an attorney to review all of the facts and deeds.
Answered on Apr 24th, 2014 at 12:01 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If the one person is personal representative appointed by the court. Do you honestly think that 35 people could all agree on anything?
Answered on Apr 24th, 2014 at 11:55 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You need to post more details. There are a LOT of reasons why one person would have control and others not. The easiest way would be for the person in control to legally authorize the second person. There are so many other possibilities, however, that your question cannot be answered further without more information.
Answered on Apr 24th, 2014 at 11:36 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't know. Is there a trust? Is there a management agreement? Is it owned by an LLC? Is it apathy on the part of the other 34? If it is important, you will need to find a local real estate attorney and see if there is something filed that allows this.
Answered on Apr 24th, 2014 at 11:07 AM
2 Awards
Usually one person is named as the person to control the assets. That said, that person has duties to the others. If you are not getting the information you are entitled to, have an attorney help you.
Answered on Apr 24th, 2014 at 9:29 AM
You don't provide enough information to provide an answer but there are a number of possibilities: the person could be the executor of an estate that includes the property, the person could have been given that responsibility in the will, the person could have the largest percentage of ownership or control over the property, the person could be CEO of a company that owns the property. Bottom line, getting 35 people to agree on anything is nearly impossible; it's a good thing to have just one person responsible for the property.
Answered on Apr 24th, 2014 at 8:58 AM