My Father Left me and my Siblings Land when he Died, Do we All Need to be in Agreement in Order to Sell this Property?
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Summary
Do multiple heirs all have to sign a contract in order to sell property left to them (there was no Will left)? My father died over 15 years ago and left my mother, myself and my 5 brothers some land (in Texas). The problem is my father didn’t have a Will, 3 of his children are from a previous marriage and 1 of them refuses to participate in the sell of the property. I need to know if there is some way the remaining 6 heirs can sell the property without him. |
“Do multiple heirs all have to sign a contract in order to sell property left to them (there was no Will left)? My father died over 15 years ago and left my mother, myself and my 5 brothers some land (in Texas). The problem is my father didn’t have a Will, 3 of his children are from a previous marriage and 1 of them refuses to participate in the sell of the property. I need to know if there is some way the remaining 6 heirs can sell the property without him.”
You are going to need a Court order if all of you are owners according to Texas laws and one individual will not sell. Such an order would have been required to show what percentage of the property each of you owns through the probate proceedings. If you found a buyer to buy your interest (however much that is) you may be able to sell that buyer just your interest subject to all the other interests in the property. Tough to do since most buyers (and the banks that finance them) want clear title for any property they purchase (or finance).
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For more on this subject check out these categories: Property, Wills, Trust & Estate Planning
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
