What rights as an individual do I have with a 20% stake in selling my deceased Dad's home? It seems the (4-siblings) majority won't let me put a for sale sign on the premises or advertise it for sale, in the local papers. They are Hindering me no matter what I do.I know we all have to agree on the sale price or do we. Is it a "majority rules" type of thing all the way? Thanks to anybody.

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Originally Posted by jdblu7

... It seems the (4-siblings) majority won't let me put a for sale sign on the premises or advertise it for sale, in the local papers. ...

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I don't know how they can stop you from putting an ad in the paper. If someone reads the ad and want to buy, however, that would be a different matter.

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Originally Posted by jdblu7

... I know we all have to agree on the sale price or do we [?]

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Yes, you would all have to sign the deed, so if not everybody agrees, you can't sell it, short of suing your sibs for partition.

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Originally Posted by jdblu7

... Is it a "majority rules" type of thing all the way? ....

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No. Ownership in common (and that's what I'm assuming you have) is not a democracy. It's all agreeing or nothing can be decided. As I say, a partition sale would be, ultimately, your only recourse.

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Originally Posted by AK lawyer

No. Ownership in common (and that's what I'm assuming you have) is not a democracy. It's all agreeing or nothing can be decided. As I say, a partition sale would be, ultimately, your only recourse.

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While I don't disagree with this, there is another factor here. Has your dad's estate been fully settled? Has the property been transferred into the names of the heirs? If not, then the executor of the estate has decision making powers here. If the heirs disagree with the actions of the executor they can sue, but until a court rules otherwise the executor is in control.

I don't agree with your statement because I believe that upon my Dad's death the property automatically becomes a non asset in my Dad's estate and is not part of the distributable assets of the estate.

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Originally Posted by ScottGem

While I don't disagree with this, there is another factor here. Has your dad's estate been fully settled? Has the property been transferred into the names of the heirs? If not, then the executor of the estate has decision making powers here. If the heirs disagree with the actions of the executor they can sue, but until a court rules otherwise the executor is in control.

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Good point.

And, if a probate case hasn't been filed, nobody has decision making powers.

Just because the father has died doesn't automatically make his property their property. But it seems a lot of folks don't realize that.

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Originally Posted by jdblu7

I don't agree with your statement because I believe that upon my Dad's death the property automatically becomes a non asset in my Dad's estate and is not part of the distributable assets of the estate..

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First, When adding a follow-up question or inof, please use tha Answer options not Comments.

Second, I really don't care whether you agree or not. But the fact of the matter my statement is accurate. It may not apply to your situation because of information you hadn't supplied. But that is a different issue.

It may be true that the property did not become part of the estate. But that would be true only if your father made some provision for the property to pass outside the estate. Either by placing the property in trust or by making the 5 siblings joint tenants with right of surviorship.

So my question becomes why do you believe the property passed to the siblings outside the estate. In my experience that would be an unusual occurrence unless your father made specific provision for it. And that also begs the question of whether the estate has gone through probate or whether the property has been transferred to the heirs, questions you did not answer. If you want help from us you have to provide information that is pertinent.

My father gifted the property to the 5 children in 2005 so it's not part of the 2011 estate. We all want to sell the property, but their telling me that I can't put a for sale sign on the lawn or in the window and that I can't advertise its sale online or in a newspaper. I know I can't accept a final sale offer with the others agreeing, but what about the former?

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Originally Posted by jdblu7

My father gifted the property to the 5 children in 2005 so it's not part of the 2011 estate. We all want to sell the property, but their telling me that i can't put a for sale sign on the lawn or in the window and that i can't advertise its sale online or in a newspaper. I know i can't accept a final sale offer with the others agreeing, but what about the former?

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Ok that is different. In your initial post you referred to your "deceased Dad's home". That implied that you got it as part of the estate. Had you told us it had been gifted prior to his death, our answers would have been different.

If you all want to sell then why don't they want you to advertise. If the house is in a development that is under an HOA, then there may be a prohibition about signage on the property. Otherwise I see no reason not to advertise. So maybe if you ask them WHY they don't want advertising you can arrive at some agreement.

WHY don't they want advertising ? They think it's part of the estate and as an owner I put a for sale sign on the front lawn and one inside the house, in the window only to discover them missing the next day. I tried to them that we're all equal owners/partners of only the house, not the contents. My brother called me on the phone the same day I put them up and said my sister (the executrix of the estate) wanted them taken down and the advertising on C.L. removed. Now what?

I'm confused. If the property was gifted prior to your father's passing, then the property is not part of the estate and your sister (the executrix) has no more control then any of the siblings.

But that doesn't answer they why. If they want to sell the property then the question is how are they going to find a buyer if they don't list the property someway?

Frankly I have to wonder if something is going on here that you aren't telling use about.

Do they want the house sold or not?