Legal Question in Wills and Trusts in Oklahoma
Rights for deed holder
A brother and sister were listed on the deed for some land so that when their parents passed the siblilngs would have equal ownership. This was their parents' home with acreage. Once the parents passed, the sister wanted to sell the land but the brother refused stating he will wait until the sister dies and then he can have the land to himself. The questions are, assuming they do have equal ownership, 1.) can the sister will her part of the land to another family member in case she does pass away, and 2.) does she have any rights to sell the land or force the brother to buy her share.
1 Answer from Attorneys
Re: Rights for deed holder
I would have to see how the property was deeded to the siblings. If the siblings only have life estates, then they can only alienate their respective life estates, such that the interest would extinguish upon the transferror's death. If they are just joint tennants or tenants in common, then the sister could motion the local court to partition the property, and she could sell her share.