trusts-and-estates
Do all heirs have to sign to sell inherited real estate In West Virginia?
<p>My Mother passed away and named five beneficiaries in her will.  Before her house was sold, my sister, one of the five, passed away intestate. She has two adult children. Now, my sister’s son is refusing to sign to sell my mother’s house. Can my mother’s Executor sell the house without my nephew’s signature? (My nephew's share of the house is 10%, and the rest of us own 20% each.)</p>

<h2>If the estate has not been settled, yes</h2>
<p>The executor is the legal owner of the house and does not need the beneficiaries' permission to sell it if they decide that is in the beneficiaries' best interests. They can consider their wishes, but they don't have to, and they don't have to follow them if they do.</p>

<p>That depends on state law and the terms of the will, among other things. <a href="https://www.gibbslawfl.com/tenancy-in-common-and-florida-estate-planning/" rel="nofollow noreferrer">In Florida</a>, by default tenancies are tenancy in common. It is possible to make it be a joint tenancy with right of survivorship, but you have to explicitly say this. The children of the deceased beneficiary might be effectively disinherited (that's why &quot;with right of survivorship&quot; is crucial).
The heir of a tenant in common receives the decedent owner’s share, and all rights attached to that interest. In that case the uncooperative person can complicate the process. You might be forced to file a partition suit, which would result in a court-supervised sale (not an economically advisable outcome).</p>
