Expert: Dick Dennis - 1/26/2010

Question
Hello Mr. Dennis,

Do multiple heirs (siblings) all have to sign a contract in order to sell Florida land left to them by their parents? One of the five siblings is deceased. One named "John" disappears for years at a time. We have finally found John and he will sign papers saying he agrees to sell the land, but he will not do anything more - i.e., attend a closing, go to court, etc.

Can the three siblings sell the land without John? If not, can John sign some sort of document that says he agrees to sell the land? If so, we have to get this done before he disappears again.

The property is just land - no house on it. It is worth about $7k. We are paying taxes on it every year and want to get rid of it.

Thank you very much for your time.

Answer
You need to have John sign a Power of Attorney specifically for the business of disposing of that land. That means you will need to go see a real estate attorney to put together that and other documents that will help to convey the property to the next owner. Plus, the missing sibling's family will have to be part of this. That's another reason why you need that specific attorney also. In any case, ALL names on the title to the land must be accounted for in conveying title to the next owner. You might be able to get away with talking to a representative from a title company on how to do this at a lesser cost . . . but not likely. I do wish you well.

Dick Dennis
dixiedee13@aol.com