Who's on Title? Can sell home if 4 out of 5 children want to sell

[Andrea Tapp]

We are in a very interesting situation (to us).  We have some very motivated sellers and this would be our first deal, so we are being baptized by fire with questions... haha!

Situation: Mother passed in '07 and no one knows who is on title and who has rights to her property.  Tax assessor lists the owner as: late mothers name in care of the older brother. There are 5 siblings total and 4 of the 5 are agreeable with the sale of the home.  

Question 1: How can I find out who is legally on title, is it the owners name with tax assessor? And can that person alone be responsible for the sale of the home.

Questions 2: Is there a way for the 4 siblings to still sell the home with the 5th not wanting to sell? Or does it matter if she isn't on title?

Thank you for your help!

[Leo Kingston]

The deceased mother is the legal owner (Tax assessor lists the owner as: late mother).

This needs to go through probate.  Yes the 4 children who want to sell can.

In Oklahoma any of the owners may file a Petition with the Court asking that the property be "Partitioned." The end result is a forced sale if the owners are unable to agree to one (or more) of them buy out the other(s).

Sorry, I can't recommend a good attorney in your city Catoosa,OK.

Call Attorney Rudy Hiersche 405-245-31223(o) in OKC. He may help!

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