Legal Question in Wills and Trusts in California
property inherited by 4 siblings. three want to sell one does not. can the one stop sale?
Asked on 12/31/11, 8:06 pm
4 Answers from Attorneys
Only temporarily. If the property has not been probated and retired into the heirs names, any of the heirs can open a probate and petition the journey to sell the property and distribute proceeds to all heirs. The heir who does not want to sell can oppose but would rarely be successful. If it is already in the heirs names jointly, then all must agree to a voluntary sale, but any one can file a partition action to have the court sell the property.
Answered on 1/02/12, 11:15 pm
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