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AV Preeminent Peer Rated Attorneys
Wheeler Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Wheeler 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).
  • 116 Dartmouth Dr., Midland, MI 48640

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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.

Can a tenant-in-common owner (51% owner) list the whole property for sale?

Randall C. Romei
Answered by attorney Randall C. Romei (Unclaimed Profile)
Estate Planning lawyer at Ashcraft & Ashcraft, Ltd.
Is there a partnership agreement between the various owners of the partial interests in the property? Can the 51% owner maintain that there is an agreement to allow him to negotiate on behalf of the others? Is there an agreement between the owners such that the 51% owner can require the other owners to enter into a contract to sell the property? The owner of an undivided interest in the real estate can only sell what he or she owns. He or she cannot sell the entire parcel because they do not own the entire parcel. The broker would be hard pressed to assess any commission against that portion of the purchase price relating to the other owners. The broker cannot obligate the other owners to pay any portion of the commission without their agreement. The other owners do not have to agree to any sale negotiated by the majority owner of the interest in the property.
Is there a partnership agreement between the various owners of the partial interests in the property? Can the 51% owner maintain that there is an agreement to allow him to negotiate on behalf of the others? Is there an agreement between the owners such that the 51% owner can require the other owners to enter into a contract to sell the property? The owner of an undivided interest in the real estate can only sell what he or she owns. He or she cannot sell the entire parcel because they do not own the entire parcel. The broker would be hard pressed to assess any commission against that portion of the purchase price relating to the other owners. The broker cannot obligate the other owners to pay any portion of the commission without their agreement. The other owners do not have to agree to any sale negotiated by the majority owner of the interest in the property.
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Do we have to go to probate court if he only had a life insurance policy less than 50,000 and no other assets?

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Answered by attorney John F Brennan (Unclaimed Profile)
Estate Planning lawyer at Musilli Brennan Associates, PLLC
It will depend on the named beneficiary of the policy as to whether that will require probate. I would suggest you speak with an attorney, with details, for a firm opinion.
It will depend on the named beneficiary of the policy as to whether that will require probate. I would suggest you speak with an attorney, with details, for a firm opinion.
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What legal rights do we his children have as his heirs to the home or other assets he left behind?

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Answered by attorney James G Maguire (Unclaimed Profile)
Estate Planning lawyer at James G. Maguire
This question cannot really be answered unless you know whether or not your father had a will. If he did have a will and it was probated in court, you can get a copy of it from the clerk of court of the parish where he lived. If he had no will, his children would inherit at least part of his estate.
This question cannot really be answered unless you know whether or not your father had a will. If he did have a will and it was probated in court, you can get a copy of it from the clerk of court of the parish where he lived. If he had no will, his children would inherit at least part of his estate.
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