When a loved one passes away without a will, their estate must be distributed according to state intestacy laws. If you find yourself in a situation where a sibling is attempting to sell a portion of your inherited property without your consent, it is important to know your legal rights.
How Intestate Succession Works
If a person dies without a will, their assets are distributed based on state intestacy laws. In most states, when a parent dies intestate with no spouse and multiple children, the estate is divided equally among the children. This means that each child has an equal ownership interest in the inherited property and other assets.
Can a Sibling Sell Part of the Estate Without Your Permission?
The short answer is no. If an inherited property has multiple heirs, one sibling cannot unilaterally sell any portion of the inherited property without the agreement of all heirs or approval from the probate court. Here’s why:
- Equal Ownership Rights: Since intestacy laws typically divide inherited property equally among the children, all heirs must agree before any property is sold.
- Probate Process: If the inherited property has not yet been fully probated and distributed, no heir has the authority to sell property until the probate process is complete and assets are officially transferred.
- Legal Intervention: If a sibling attempts to sell inherited property without consent, legal action may be necessary to prevent the unauthorized sale or recover your rightful share.
Estate matters without a will can be complicated, and disputes between heirs can arise. At Grissom Law, LLC, our attorneys have the experience and knowledge to guide you through the probate process, protect your inheritance rights, and ensure assets are distributed fairly.
If you are inheriting property, contact Grissom Law Firm today for a consultation. Our attorneys are here to help you protect your family’s legacy.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney client relationship between you and Grissom Law, LLC.