Q: My father passed and there are 4 total children, do ALL children have to agree before the house can be sold?
A: Responding from a New York perspective, if all four parties cannot agree, if your father passed and had a will, the world should be probated and the executor would then have the power to sell. If he did not have a well, and administrator could be appointed, preferably one of the four children, and the administrator would have the power to sell. The court would normally approve of the sale if the selling price is for a fair market value.
A: Thank you for your question. My condolences on the loss of your father. Like many legal scenarios, the answer is that it depends. The house cannot be sold until all owners agree. If all four children were bequeathed the home, then everyone would have to agree. If you father died intestate (without a will) then all of his heirs (his children) share equally in his estate. You should contact a qualified family law or estate attorney to get advice on your specific situation.
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.
