Sorry but I had ask the question in a confusing way. My mother passed and did not have a will. Before she passed she acquired through the courthouse a quitclaim deed for the property that was owned by her father .The deed was issued to my Mother. She had 3 brothers and 3 sisters listed on the deed also. Four of the six signed affidavits and also signed a quitclaim deed to give my mother their share making her own 5 shares. After my mother's death her shares passed on to her children. ( ME AND 4 brothers) Two of my mothers brothers (both have also now passed) did not sign the deed or affidavits and still own 1 share each. Their heirs are willing to sell also. Do me and my brothers now own 5 shares of 7? We have completed the probate on my mother's part of the estate. If we are correct what do we need from the other 2 share owners?
I answered your earlier question. Thank you for submitting more facts.
So, again, while mother was alive, affidavits meant nothing, only deeds. If 4 of the six siblings signed deeds for their interests to mother, mother then owned 5/7ths, the other two siblings 1/7th each.
As to the remaining two siblings, now deceased - back to one of my earlier questions. Did she hold title with them as tenants-in-common or as joint tenants with rights of survivorship? Very important. Still need to clear this up.
If joint tenants, AND they died before her, she inherited those shares and when she died, she owned 7/7ths. You and your siblings would have inherited in 5 equal shares.
If tenants-in-common, when she died she owned 5/7ths and thru her probate, her 5/7ths passed to you 5 children. The other two 1/7th interests remained with her siblings, and if they are now both dead, it passed to their respective heirs, and there it depends if by will or no will. Very important to know which to know who and how many heirs you are dealing with.
Upon a sale in this last scenario, you and your 4 siblings must sign the deed (to account for 5/7ths of the interest) and how ever many heirs of the two uncles who are now owners must also sign ( to account for each of the other 1/7th shares). may need a lot of signatures, but all doable.
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