When it comes to family property, things can get complicated fast. Many adult children think they can sell a parent’s house or land just because they’re family. But the law doesn’t work that way. Selling property without legal rights can lead to lawsuits, lost money, and broken relationships. If you’re an adult child or a parent, you need to know what can go wrong. Here are eight real situations where adult children tried to sell property they didn’t legally own—and what you can learn from each one.
1. Selling Before Inheritance Is Final
Some adult children try to sell a parent’s home right after the parent dies, thinking it’s theirs now. But until the estate goes through probate and the court gives them legal ownership, they have no right to sell. This mistake can lead to the sale being canceled and even criminal charges. If you’re in this situation, wait for the legal process to finish. Get a court order or title in your name before listing any property.
2. Acting With Only Verbal Permission
A parent might say, “You can sell the house if you need to.” But unless that permission is in writing and legally recognized, it means nothing in a real estate transaction. Title companies and buyers need proof. If you try to sell with just a verbal okay, the deal will fall apart. Always get a power of attorney or have your name on the deed before you try to sell.
3. Using an Expired Power of Attorney
A power of attorney (POA) lets someone act for another person. But POAs can expire or become invalid if the parent dies or revokes them. Some adult children try to use an old or expired POA to sell property. This is illegal and can lead to lawsuits. Always check if your POA is current and valid. If the person has died, the POA is no longer valid—period.
4. Selling Jointly Owned Property Without All Owners’ Consent
Sometimes, a parent and child own property together. The child might try to sell the whole property without the parent’s agreement. This is not allowed. All owners must agree to the sale and sign the paperwork. If you try to sell without everyone’s consent, the sale won’t go through, and you could be sued. Make sure all co-owners are on board before you list the property.
5. Forging Signatures on Deeds
It may sound extreme, but it does happen. Some adult children forge a parent’s signature to sell property. This is a crime and can lead to jail time. Even if the sale goes through, it can be reversed if the forgery is discovered. If you’re tempted to “just sign for them,” don’t. The risks are huge, and the consequences are serious.
6. Selling Property in a Trust Without Trustee Authority
If a property is in a trust, only the trustee can sell it. Some adult children think being a beneficiary gives them the right to sell, but it doesn’t. Only the person named as trustee has that power. If you’re not the trustee, you can’t sell the property. If you try, the sale will be blocked, and you could face legal trouble. Always check the trust documents and know your role.
7. Ignoring Spousal or Sibling Rights
In many families, property is owned by more than one person—like a surviving spouse or siblings. An adult child might try to sell the property without telling the others. This is not legal. All owners must agree to the sale. If you ignore other owners, they can sue you, and the sale can be canceled. Always check who is on the title and get everyone’s written consent.
8. Selling Property Under Guardianship Without Court Approval
If a parent is under guardianship, the court controls their property. Adult children can’t sell the property unless the court approves. Trying to sell without court permission is illegal. The court can reverse the sale and penalize you. If you’re a guardian, always get court approval before selling any property.
Protecting Your Family’s Property Rights
Property law is strict for a reason. Selling property without legal rights can ruin family trust and cost everyone money. If you’re an adult child, don’t assume you can sell just because you’re family. Always check the title, get the right documents, and follow the law. If you’re not sure, talk to a real estate lawyer. It’s better to wait and do things right than to rush and regret it. Protect your family’s property by knowing your rights and responsibilities.
Have you or someone you know faced a situation like this? Share your story or thoughts in the comments below.
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