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2007-01-04 09:33:57 · 11 answers · asked by soireesunlimited 1 in Business & Finance Renting & Real Estate

My great aunt and her siblings inherited land from her parents when they died. She sold her share of the land. After she sold her share one of her siblings died making her an heir to his share since he had no kids or spouse. The person who she sold her share to thinks that they are entitled to the share she inherited from her brother even though she inherited it after she sold her share. At the time she sold her portion she was only a possible heir to her brothers share.

2007-01-04 09:57:32 · update #1

11 answers

No. You can not sell anything that you do not actually own and have to be able to show proof that you own it.

2007-01-04 09:34:54 · answer #1 · answered by Blunt Honesty 7 · 1 0

No you can't the title agency would discover you do not legally own the property and would not allow such a sale. Attempting to do so would be fraud. Until you have inherited the property you do not have any right to the property. Therefore you can not sell it. Even if you did inherit the property you would not be cleared to sell it until after it had gone through all probate channels.
If you are only a 'possible' heir and the person you are hoping to inherit from is not deceased they can change their heir right up until their last dying breath, so being a possible heir doesn't guarantee anything. There could be debts on the estate, other possible heirs, etc.
Don't count your chickens because it sounds like they haven't hatched yet and you could find yourself in trouble for fraud.

2007-01-04 17:43:53 · answer #2 · answered by Wicked Good 6 · 0 0

Even if you were the one and only heir, you can't sell it until its yours. It would be owned by "THE ESTATE" once the person passes away,and it must be probated before you get a dime of that money or actually own the land.

2007-01-04 17:53:11 · answer #3 · answered by Anonymous · 0 0

Is this before or after death? Do you know it is willed to you or just think maybe it is?

The way you have stated it, no it is not possible. It might be possible to sell your shares to someone if you know your name is on the will, but the estate hasn't been settled after death or that kind of thing.

2007-01-04 17:41:01 · answer #4 · answered by Phoenix, Wise Guru 7 · 1 0

Yes you can uncle sold his shares in property to his lawyer at the succession my relatives had to buy the lawyers share out before they could sell.

2007-01-04 17:36:26 · answer #5 · answered by Anonymous · 0 1

depending on what type of deed and how it is worded it could become a after acquired title to any other right she inherited through state inheritance laws after she signed the deed.

2007-01-06 19:59:33 · answer #6 · answered by A P F 1 · 0 0

Nope

2007-01-04 17:35:43 · answer #7 · answered by capnemo 5 · 0 0

No. you can only sell property you own, if you are a "possible heir" then you don't own it.

2007-01-04 17:35:25 · answer #8 · answered by Anonymous · 1 0

Only in one state this is possible: the state of mind.

2007-01-04 17:40:58 · answer #9 · answered by guicho79 4 · 0 1

No, you cannot sell things that do not belong to you.

Well, you can, but it is called fraud.

2007-01-04 17:39:10 · answer #10 · answered by kingstubborn 6 · 2 0

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