What is required to sell land on a land contract co-owned by father – daughter in a living will?
Sunday, January 31st, 2010 at
6:58 pm
My fiancee is listed as coowner of 5 acres of land in a living will with her father. She wants to sell 1.5 acres on a land contract to a buyer. What ar ethe requirements in making this a legalized deal?
Filed under: Living Will
Like this post? Subscribe to my RSS feed and get loads more!
I am confused. A "living will" is an advance health care directive. All it can do is enable a family member to make healthcare decisions for the principal.
If the fiancee is a co-owner of land, it would depend on how it was owned, whether as joint tenants with right of survivorship or as tenants in common. A will or any other testamentary writing would not convey any property owned as joint tenants with right of survival because the surviving owner would receive it by operation of law upon the death of the father.
If the father is still alive and the fiancée wants to sell, she will have to have her father join in the deed because the property is jointly owned.
Am I missing something, or can you elaborate a little bit more on the facts you have presented?