If a house is listed in 3 sibling’s names, can it be sold without the consent of one of the siblings?

Her house in the 3 sibling’s names. Can it be sold without my husbands’s consent?What can be done if my brother-in-law refusing to give my husband a copy of their dead mother’s Will?

Asked on October 18, 2014 under Real Estate Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss and for the situation as it is.  First, a beneficiary in a Will or one that is to inherit under the law if there were no will is to receive a copy under the law when the will is offered for probate (The Petition is presented to the court).  Has the Will been offered for probate yet?  If yes and he did not receive a copy then your husband can go to the surrogate's court in the county in which your mother in law resided at the time of her death and look at it. Now, is the property actually deeded to the three siblings or have they been left it under the Will?  You say "listed" here so it is unclear. If your husband's name is on the deed it can not be sold (transferred) without his signature.  If it is left to him in the Will and your brother in law is the executor that could be an issue if he wants to sell it for estate purposes (like paying off debt).  Please seek help.  Good luck.


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