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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 9325
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Our Dad's probate ended 2/2014. There are five heirs to a

Customer Question

Our Dad's probate ended 2/2014. There are five heirs to a home and the land it sets on. One heir thinks it is her right to make the decision on selling the home and the rest of the heirs are to give her power of attorney to sign our names to sell the property. I am not in agreement. She has a young married couple already in the house; they have applied for a loan to buy the house, it is on hold. Does she have the right to allow this couple move in the home without the other heirs agreement?
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

A few minutes please as I look into this.

Expert:  LegalGems replied 1 year ago.

Thank you for your patience. During probate, the executor is the legal representative of the estate, so the executor has the right to manage the property in the estate. However, once probate closes, and the property is distributed, the heirs become the legal property. In cases of multiple ownership of one property, each owner has a say as to how the property is to be managed; one person cannot arbitrarily make decisions (unless the heirs allow one person that right). Generally when there are multiple heirs that do not agree on the property, a heir may bring a partition action, requesting that the court sell the property and divide the proceeds according to the respective interests.

The only way the house can be sold if all the heirs do not agree is by requesting the sale via the court. The court will allow the heirs right of first refusal so if an heir wishes to purchase the property at Fair market value they may do so.

Any potential lender will not issue a loan unless ownership has been established.

Expert:  LegalGems replied 1 year ago.

Here is a link to locate an attorney:

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