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What penalty if any can be charged when property is willed

to two individuals and one...
What penalty if any can be charged when property is willed to two individuals and one sells the property with out the signature or consent of the other person?
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Answered in 2 minutes by:
3/29/2013
David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27,690
Experience: 25 years practicing attorney
Verified
-Could you explain your situation a little more?
If a property is deeded to two people then both persons would have to sign the deed to sell the property. I need to know the circumstances as to how the property could have been sold by one individual without the other's signature?
Was the property specifically named in the will or was the estate just to be divided between the two individuals and the property sold by the executor in order to distribute the money and pay the bills?
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Customer reply replied 4 years ago


Hello Attorney Kennett,


 


Your answer is as I assumed. Nothing has been done yet, but my cousin is one of those people whose trustworthiness is questionable. We both agreed that the house would be put on the market to be sold since we both live in Florida. Once sold the proceeds are to be split down the middle. My concerns come from the fact that he has change his contact information with out informing me.


 


Thank you very much for your information.


 


Sincerely,


 


Sylvia

Dear Sylvia - I really haven't "answered the question since I'm not certain of the status of the property. If the property was willed to you and your cousin and your name is XXXXX XXXXX deed he cannot sell the property without your signature. If the house is still in the estate then someone has to be appointed by the court to be the administrator or executor of the estate in order to have the power to sell the property and then the proceeds would be divided from the estate in the probate court. So you can always check the probate court records to see what has happened if this is an estate and if there is no estate then the property cannot be sold, either by an executor or by your cousin if both names are XXXXX XXXXX deed. Whether you can contact him or not he has no way of granting a clear title to the real estate without your signature.
David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27,690
Experience: 25 years practicing attorney
Verified
David Kennett and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 4 years ago


Hello Attorney Kennett,

 

The probate process was recently completed and the title is clear with both names on the deed. I just wanted to validate my assumptions/thoughts with information from someone with knowledge of the estate law. Your answers have more than satisfied my concerns. However, if I have any questions in the future, it would be great if I could contact you again.

 

Sincerely,

 

xxxx xxx

Sure - you can always ask for me and if your questions are concerning this subject you can simply leave this question open even after you provide a rating and I'll be happy to answer any follow ups you may have. Thanks for using our service - Dave
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David Kennett
David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27,690
27,690 Satisfied Customers
Experience: 25 years practicing attorney

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