Legal Question in Real Estate Law in Virginia
estate sell
my husband and two of his sisters are trying to sell
his parents property. He has one other sister who lives
out of state and is on mental disability. when she received
the paperwork by fed-ex she tore all the documents up.
if they have three out of four signatures can they
procede with the sell?
1 Answer from Attorneys
Re: estate sell
Assuming this sister who has mental issues is a legitimate beneficiary of the estate and therefore with respect to the real property may lay legal claim to a 1/4 undivided interest in the whole, the answer is no, the other three may not proceed to sell the property without her signature. Any such sale would inevitably result in a cloud on the title.
However, this by no means suggests that the property may never be sold without this sister's approval, but, it would necessarily most likely only occur as a result of a partition lawsuit filed in behalf of the other three siblings in the circuit court where the property is located and with a guardian ad litem very likely appointed to represent the interests of the mentally impaired sister.
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