Legal Question in Social Security Law in Virginia

ssi/heir property

Claim for ssi denied because of heir property (land, no buildings, asset jointly owned by seven individuals, none of whom are willing to sell). Claimant elderly, disabled & unmarried & otherwise meets all requirements. Claimant's share $2,230.00 or $230.00 over limit of $2,000.00 for ssi (supplemental security income). Social Security advises sell and/or show reasonable attempts to sell entire share. Deed at courthouse listed in name other than claimant and et al. Only indication on deed showing claimant's name and other individuals is handwritten at top of page with no signatures other than those of the original owner (now deceased) and individual from whom land was originally purchased. Can claimant legally sell without consent of others?

Asked on 5/15/02, 11:34 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: ssi/heir property

If the claimant you describe holds title to his or her share of the undivided whole as a tenant

in common, this person may sell, give, devise, or

otherwise dispose of his or her undivided share in

the same manner as if she or he were the sole owner of the property. The consent of the other tenants in common is not required.

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Answered on 5/16/02, 12:42 am

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