QUESTION
If one heir out of 6 refuses to sign for a house to be sold, is there a way the others can sell it without that signature?
Asked on Mar 20th, 2013 on Estate Planning - Texas
19 ANSWERS
You will have to go to court either as a probate proceeding or a partition action.
Answered on Mar 22nd, 2013 at 4:29 AM
If the house is still in probate the executor can bring a motion for court approval. If it has been transferred to the six, the others can bring a complaint to partition the property which will result in a court ordered sale.
Answered on Mar 21st, 2013 at 4:19 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Yes. If the house is still in probate, the ordinary and usual way to sell is for the personal representative (administrator) to petition the court for approval of the sale. Consent of all 6 not required. If it already is owned of record by 6 owners, they can file a suit for partition, and the court will order sale.
Answered on Mar 21st, 2013 at 11:26 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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No, you would need to file a petition in Chancery Court for an order to allow you to sell it.
Answered on Mar 21st, 2013 at 11:25 AM
The Personal Representative generally has power to sell property of the estate without the consent of the beneficiaries unless the Will provides otherwise or the Court has entered an Order to the contrary. The Personal Representative should consult with their attorney on this question and can seek instructions from the Court before proceeding.
Answered on Mar 21st, 2013 at 11:25 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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All of the heirs must sign. The only way to get around a deadlock like this is to have the succession representative sell the house.
Answered on Mar 21st, 2013 at 11:24 AM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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If the owners of the property are joint tenants with rights of survivorship, you will need all signatures to sell. If one person will not participate, your only recourse may be to go to Court. If they are tenants in common, each person can sell their own share without the signature of anyone else. If one of these provisions does not appear on the deed, then it is considered tenants in common.
Answered on Mar 21st, 2013 at 11:24 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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Generally the heirs don't decide if the house is sold unless somehow it is titled in all their names. If is a specific gift and the will requires it be transferred to all six, and one does not want to sell, that person can buy out the other 5. There of course is always a partition Acton. If the will does not specifically designate the house going to all six , the proper course of action is the personal representative of the estate has the property sold .
Answered on Mar 21st, 2013 at 11:23 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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I assume that title to the property is in the name of the heirs, and not still in the name of the decedent. If this is true, then the only way to force the sale of the property is through a lawsuit called a "partition." If the property is still in the name of the decedent, then a probate must be opened to sell the property.
Answered on Mar 21st, 2013 at 11:23 AM
If the sixth signature is absolutely required for some reason, you can petition the court for a distribution of the asset. A hearing will be held on the issue and the judge will determine whether the transaction can proceed.
Answered on Mar 21st, 2013 at 11:22 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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If the house is titled as joint tenants with rights of survivorship, with all 6 heirs, you have a big problem. If one of the heirs refuses to consent in a probate proceeding, schedule it for a hearing. If the property is held as tenants in common, sue for partition.
Answered on Mar 21st, 2013 at 11:22 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If one owner out of six refuses to sign, any of the others can sue for "partition," which is an action to divide the property. It probably can't be divided up six ways, so the court would order it sold. If we are talking about heirs, this would mean that six people are entitled to a share of the owner's estate. The owner's personal representative can sell the house, and does not need the approval of the heirs (although an heir could object that the sale was not for sufficient value, or was defective in some other way).
Answered on Mar 21st, 2013 at 11:22 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends. Has this gone through probate and been distributed to the heirs, already? Or is the property still in the estate? If it is in the estate, then the Personal Representative can sell without getting ANYONE else's consent.
Answered on Mar 21st, 2013 at 11:21 AM
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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Not enough information to answer the question.
Answered on Mar 21st, 2013 at 11:20 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No. You will need to petition to the probate court for an order the court will sign for her; however, in the petition you will want to request the court to assess fees and costs against her for an unreasonable refusal to agree to the sale and to charge her share of the sale proceeds for the fees and costs. The title company will want either her signature or a court order clearing your right to sell the property. Lastly, you could as a group , propose to purchase her share, but may have to pay a premium.
Answered on Mar 21st, 2013 at 11:20 AM
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Is the property held as tenants in common or is the property held by the estate. That makes a big difference. If the individuals mown the property as tenants in common, is it possible to partition. This is complex question, you should probably gather the specifics and sit down and met with an attorney to address the options and costs.
Answered on Mar 21st, 2013 at 11:19 AM
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If there is a trustee or executor it can be sold without the signature. Otherwise you will have to go to court and get an order to "partition" the property.
Answered on Mar 21st, 2013 at 11:19 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, probate the estate and let the personal representative do it. As a matter of fact, I am not sure how the heirs can transfer title if they don't have it. If title has been transferred to the 6 of you, about all you can do is sue for apportionment and the court will probably order the sale of the property
Answered on Mar 21st, 2013 at 11:18 AM
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Yes, but it is expensive to do. You can file a motion in court to force the sale of the house.
Answered on Mar 21st, 2013 at 9:59 AM