Nephew won't sign off on property so it can be sold

[cherylwatt123]

California My Mother in Law became executor of her brother's estate. The only thing anyone inherited was some property. Just land no buildings or homes on it. She and her Brother and sister inherited it. Her Brother and Sister both passed away. She became executor. She paid back property taxes and has been pay taxes since 2002. Since her Brother and Sister passed away Their children and my Mother in law are now beneficiaries. My Mother in Law is the only one that paid any money. Her brother's children signed off on the property but her sister's son won't. He does not want anything to do with this property. My Mother in Law is trying to sell this property to recoup her money plus distribute the rest between everyone. How can she sell this property if the nephew won't sign off? He does not want any money or anything to do with the property.e of your state?

 

[justalayman]

I’m guessing she doesn’t have a lawyer helping her.

But ya lost me

Who originally owned this land?

Did that person have a will?

 

[FlyingRon]

She should convince him that a quit claim deed will release him of any responsibility he has to the property. If he continues as a lassie-faire owner he may incur tax and other liabilities.

The answer if he won't sign would be a partition suit, but the costs there will probably swamp out whatever residual value there is.

 

[justalayman]

I’m not sure op would even need the kid to sign. If op is executor and there are debts against the estate, she should be able to sell the property without the heirs permission.

 

[LdiJ]

I’m not sure op would even need the kid to sign. If op is executor and there are debts against the estate, she should be able to sell the property without the heirs permission.

Unless she mistakenly already deeded the land to herself and the other two heirs.

 

[justalayman]

Unless she mistakenly already deeded the land to herself and the other two heirs.

Or a few other possibilities as well. Basically not enough info provided yet to know how to help

 

[Richard Marvel]

The executor would probate the estate and obtain approval from the Court to sell the property. Your mother would have a claim against the estate for the taxes that she paid. Contact California attorney to assist you.

 

[quincy]

Richard, you need to be vetted by administrators of this site. There are no advertising/commercial messages permitted on this forum.

 

[stealth2]

The executor would probate the estate and obtain approval from the Court to sell the property. Your mother-in-law would have a claim against the estate for the taxes that she paid. Contact California attorney to assist you.

Fixed it for ya. Guess you missed that the MIL is the executor. But I can understand the confusion, given it's CA and not IL...