Legal Question in Real Estate Law in Maine

5 heirs to sell house 1 disagrees

We are 5 children who have inherited a house. The four of us have agreed to sell and one of us says she isn't selling and we can't sell without her agreement. Is this true? Can we sell without her signature?


Asked on 7/19/05, 4:33 pm

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: 5 heirs to sell house 1 disagrees

It is difficult to answer your question without knowing more information such as how the "inheritance" has happened and how the property is currently titled. Was there a Will? Is there an Estate pending before the Probate Court? Has anyone been appointed Personal Representative or Administrator of the Estate? Are you all on the Deed at this point?

The bottom line is likely that however matters are situated the uncooperative sibling cannont hold out forever. In the short term the sale may be held up, but the Court can be asked to step in and Order the sibling to buy everyone else out, or the property can be ordered to be sold and the proceeds distributed. However, anything by Court Order takes time, and usually money to have a lawyer help.

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Answered on 7/19/05, 5:34 pm


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