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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
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Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I hold as Life tenant my deceased mothers property and home.

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I hold as Life tenant my deceased mother's property and home. I have two siblings who agree to sell, I have one sibling who is currently incarcerated ( I hold his Durable Power of Attorney, and one sibling who has refused to communicate since the release of my Mother's will which occurred over two years ago. Is there a way we can proceed with marketing and selling, without the silent siblings consent?

Hello, and thanks for submitting this question. Unfortunately , all titleholders must consent to a sale of the property AND sign the deed to the buyer. If all of them cannot be persuaded to sell, then the remedy is to file a suit for partition of the property. If the property can't be physically divided, the court will order the sale with the proceeds divided among the owners. A commissioner will be appointed by the court to execute the deed. I know that this is involved and expensive, but it is the only way a buyer can obtain clear title to the property. Here is more information on the subject of Partition http://www.marconews.com/news/2005/apr/20/ndn_it_s_the_law__partition_lawsuit_can_force_the_/nformation

 

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