Does my mother, as an heir, have a right to sell land that belonged to her mother?

My grandmother died in 2016 and at the time she had a boyfriend living with her. Never married and never had a will. My grandmother has three children, two of which do not care what happens with the property. The boyfriend is still living there and we are wanting to sell the land. Legally, what are our options? My mom has the original deed to the property and paid property taxes for three years after she died.

ANSWER BY MARGARET CROSS-BELIVEAU:

Only owners have rights to sell property.  Being an heir doesn’t mean you are an owner.  Your grandmother’s estate will have to be probated to transfer the ownership from the intestate estate to the heirs of the intestate estate.  Once that happens, the heirs can sell the property.  The estate will owe a debt to your mother for the property taxes she paid on behalf of the estate.

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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration and estate planning attorneys at the Beliveau Law Group provide legal services for estate planning, probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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