Legal Question in Real Estate Law in Indiana

My parents were named on the deed to their house. When my mother passed away, my father made out another deed, took my mother's name off of it and added my sisters name along with his name to the new deed. My sister doesn't live in the house. She lives elsewhere. I live in my parents' house with my brother and two other sisters. While going through a bankruptcy my sister (the one on the deed) found out that because of the way my father worded the deed, she is not the sole owner of my parents' house. My father had eight kids. She said that she owns half of the property and then 1/8 of my father's half and the rest of us own 1/16. Is this correct and if so, can she legally sell the property without anyone else's consent? She says she can.


Asked on 4/23/12, 6:02 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

1. The deed needs to be read by an attorney. 2. Your sister's share of the real estate may properly go to the bankruptcy trustee, depending on what chapter she filed. 3. All owners have to agree for a sale; if they do not, a partition action wouild be required. 4. You didn't say whether your father had passed away yet; if so, the attorney reading the deed also needs to read a copy of his will. 5. If any of your siblings are minors with no parents living, they need to have guardians appointed for them.

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Answered on 4/23/12, 6:17 am


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