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AV Preeminent Peer Rated Attorneys
Abernathy Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Abernathy Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

If one heir out of 6 refuses to sign for a house to be sold, is there a way the others can sell it without that signature?

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Answered by attorney Victor L. Waid (Unclaimed Profile)
Estate Planning lawyer at Law Office of Victor Waid
No. You will need to petition to the probate court for an order the court will sign for her; however, in the petition you will want to request the court to assess fees and costs against her for an unreasonable refusal to agree to the sale and to charge her share of the sale proceeds for the fees and costs. The title company will want either her signature or a court order clearing your right to sell the property. Lastly, you could as a group , propose to purchase her share, but may have to pay a premium.
No. You will need to petition to the probate court for an order the court will sign for her; however, in the petition you will want to request the court to assess fees and costs against her for an unreasonable refusal to agree to the sale and to charge her share of the sale proceeds for the fees and costs. The title company will want either her signature or a court order clearing your right to sell the property. Lastly, you could as a group , propose to purchase her share, but may have to pay a premium.
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My husband and I would like to sell our land, however, it is in a trust with his 2 sibblings with undevided interest. We own 3/4 of the land...

Answered by attorney Terry Lynn Garrett
Estate Planning lawyer at The Garrett Law Firm, PLLC
If the land is in a trust, you do not own it:  the trust does.  The trustee decides whether to sell the land.  The beneficiaries (apparently your husband and his two siblings) do not. If a trustee is not putting the interests of the beneficiaries first but is putting his own interests first, the beneficiaries can sue to have him removed.  But whether selling or not selling the land is putting the beneficiaries first is a big question.  You may want to take a copy of the trust agreement to a lawyer who does fiduciary litigation and discuss the specific facts.  
If the land is in a trust, you do not own it:  the trust does.  The trustee decides whether to sell the land.  The beneficiaries (apparently your husband and his two siblings) do not. If a trustee is not putting the interests of the beneficiaries first but is putting his own interests first, the beneficiaries can sue to have him removed.  But whether selling or not selling the land is putting the beneficiaries first is a big question.  You may want to take a copy of the trust agreement to a lawyer who does fiduciary litigation and discuss the specific facts.  
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Can you specify in the will that your house be sold to a relative for $1.00 at the time of your death so they do not have to pay an inheritance tax?

Answered by attorney David L. Leon
Estate Planning lawyer at David L. Leon, P.C.
Are you sure your estate is even going to be taxable? And why would you sell it for $1? I think you need to speak with an estate planning lawyer, now.
Are you sure your estate is even going to be taxable? And why would you sell it for $1? I think you need to speak with an estate planning lawyer, now.