Legal Question in Real Estate Law in California

Is there a law in America which forbids selling inherited houses?

Thank you.

Shmuel


Asked on 6/27/10, 3:22 pm

4 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Definitely not. It does not matter whether your ownership of a house is from purchasing it, a gift, inheriting it, etc.

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Answered on 6/27/10, 9:57 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

We have fifty states, a Federal jurisdiction, a District of Columbia, and several territories, all with their own laws. There is no such law in California, nor elsewhere so far as I know. Our Indian tribes have limited soverignty and due to their different customs and belief about ownership of land, I believe there are some limits on inheritance of the right to occupy the land of one's elders after they die on Indian reservations. If you aren't an Indian living on a reservation, no state that I know has passed such a law, and to do so would be political suicide, but not necessarily unconstitutional.

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Answered on 6/27/10, 11:00 pm

Actually, such a law would be completely unconstitutional under the takings clause. Laws that render a property completely unmarketable have been considered to be "takings" for hundreds of years. Any jurisdiction passing such a law would be sued by all affected owners in "inverse condemnation" actions.

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Answered on 6/28/10, 9:50 am
Anthony Roach Law Office of Anthony A. Roach

I think that such a law would be an unreasonable restraint against alienation, and run afoul of the Rule against Perpetuities, rather than be a taking. A taking occurs when the government takes possession of real property. As I understand it, your question does not involve the government owning the property, but merely prohibiting a transfer once it is inherited.

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Answered on 7/01/10, 12:03 pm


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