When a house is left to more than one heir who controls whether it is sold?

Answer 1

I believe there is usually a trustee(s) that determine things like that. Otherwise, a mutual decision has to be made which can often times ruin families especially if the house has been in one family for many years and one person does not want it sold for sentimental reasons. When property is left to several heirs, they all become joint owners of that property. No one person has the right to decide on the disposition of the land simply because he may own a larger percentage of the property than some others. Nor does majority of owners rule. If some want to sell and some do not, usually the ones who do not want to sell just buy out the others interests on an agreed upon price. If they cant agree on a price, then any owner may file a lawsuit called an action in partition. Although it is called a partition action, the property is never physically divided unless the owners agree. Usually the court will order that the property be sold at public bidding. The owners that do not want to sell will have to beat whatever price the bidding goes to or the high bidder gets to buy the property and the owners get their percentages. (Minus all of their legal fees and court costs, of course.)