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Can we sell without locating heirs?

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T

TDS73099

Guest
My husband has some pieces of land that he inherited when his mother died. He had a half sister who inherited 1/4, my husband inherited 3/4. The sister died two years ago and her estate hasn't been probated as far as we know. We have no contact with her children who are grown. My husband wants to sell the land and a lot downtown and a lawyer who is advising us says to go ahead and sell and he'll take care of the problem with the niece and nephew we can't find . We live in Oklahoma, the land is in Oklahoma, the sister lived in Hawaii, her children live in California as far as we know.If he goes ahead and sells this land without finding them,won't they be able to sue him or something to compensate for not being notified to express their opinion about selling?
 


ALawyer

Senior Member
Yes they would be able to sue, and as he does not have clear title, I do not know how he can sell it and convey title.

One of 2 things is going on. The lawyer may be helping to fake the deed and do things that could get him (and your husband) in jail.

Or 2, as I do NOT know your state's law, maybe there is a way to quiet title that the lawyer is aware of and using that is available in your state (where the land is).
 

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