Q: What do I need to do in order to proceed selling my property?
My mother has property (land) she was in the process of selling which her name is on the deed. However, she found out the trailer mobile home was never signed off by her husband (who's now deceased) parents and the parents are deceased as well. We were told we needed to get signatures by her husbands siblings to sign off on the trailer in order to sell the property. We got 2 out of 3 of the signatures, one is unwilling to sign off on the trailer. I was wondering if it's legal to move the trailer off of the property in order to proceed in selling the land? Like I said the land is in my mother's name and the trailer ordeal is holding up the ability of her selling the land. Thanks
A:
It's difficult to answer the question without knowing more about the trailer, and whether it's there on a lease, or whether the trailer has been affixed to the land and is legally considered part of the real estate. Either way, it sounds like a person in the situation you describe would need one or more court orders before going forward with selling the land.
If one or more of a deceased person's heirs refuse to sign off on a sale of the property, an estate may need to be opened, a personal representative appointed, and a petition filed seeking a court order for authority to sell the property. Also, if the trailer or people living in it are there on a lease, then an eviction may be necessary before getting rid of the trailer and/or its occupants.
As always, this is a response to a hypothetical. Make sure to talk to a qualified attorney about your specific situation before taking any action.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
