Wheatland, WY asked in Intellectual Property, Land Use & Zoning, Probate and Real Estate Law for Wyoming

Q: Can the owner of the land sale the land if there is property on it thats wrap up in probate?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Probate Lawyer
  • Knoxville, TN

A: Your question is unclear. If there is only one tract, then apparently the alleged owner is actually only a tenant in common and the Probate will need to be closed prior to sale. If more than one tract, then the alleged owner may be able to convey the tract he owns. The Probate may only be administering personal property. But if land was owned by the Decedent whose Estate is being Probated, then the title will not be clear until Probate is closed. Hire a WY attorney to search the title, examine the Probate Case, and explain what the property's status is.

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