Posted on: 01st Dec, 2008 04:50 pm
first of all there are three brothers and one sister (including myself) and our mother our father past away 11years ago.there was property left in brownsvile by my deceased father, Can that property be givin as a gift to one of the sons by the mother, without one of the brothers consents? also can it be sold without my consent? please give me advice
Hi jjperez,
Is the property left by your father solely in your mother's name? If yes, then she can easily gift the property to anyone. If she is sole owner of the property, then she does not need to take the consent of anyone. Yes, she can even sell the property without your consent.
If your father has left a will wherein he had divided the property amongst all of you, then, she cannot sell the property without your permission. As far as gifting the property is concerned, she can only gift her portion of the property to someone else without anybody's permission or consent.
Thanks
Is the property left by your father solely in your mother's name? If yes, then she can easily gift the property to anyone. If she is sole owner of the property, then she does not need to take the consent of anyone. Yes, she can even sell the property without your consent.
If your father has left a will wherein he had divided the property amongst all of you, then, she cannot sell the property without your permission. As far as gifting the property is concerned, she can only gift her portion of the property to someone else without anybody's permission or consent.
Thanks
Hi jjperez,
I agree with James Hogg. If your father had left a will dividing the property amongst you all, then the property transfers or the selling of the property will be guided by that will. In case, if your mother is sole owner of the property, then she has all the right to give the property to anyone or sell the property without your consent.
Thanks,
Jerry
I agree with James Hogg. If your father had left a will dividing the property amongst you all, then the property transfers or the selling of the property will be guided by that will. In case, if your mother is sole owner of the property, then she has all the right to give the property to anyone or sell the property without your consent.
Thanks,
Jerry