Legal Question in Native American Law in California

If there is a number of heirs on a fee or trust can anyone of them sale any part of the land to someone without the rest of the heirs ok?

Asked on 5/11/11, 12:07 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

They can sell their interest to anyone without getting the approval of the others. But no one is going to pay very much for a partial interest with other owners who are not friendly. he would get more money selling to another "owner".

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Answered on 5/11/11, 6:55 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The previous answer seems partially incorrect.

If the land is in a trust, only the trustee can sell any portion of the land. The beneficiaries can't sell any land out of the trust because they don't own it. If there are multiple trustees, the trustees must act unanimously unless the trust expressly allows otherwise.

If, on the other hand, the land is or becomes owned by the heirs in fee, rather than held in trust, each can legally sell his or her part interest, or at least try to sell it, but the market for part interests is poor to nonexistent.

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Answered on 5/11/11, 9:21 am

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