Can I be legally pushed off inherited property by another beneficiary?

My grandmother passed away several years ago and did not leave a Will. The estate was then passed on to myself and a few other relatives. I had no clue that I had any rights to this property until 3 years after her death when another 1 of these family members decided that they wanted to sell the property. They had the financial burden of this property for years and now they want to profit from it. In all fairness, I could have helped with the financial responsibility if they had reached out to me regarding this, just like they did when it was time to sell. Does this person have a leg to stand on to legally push me of this deed?

Asked on March 7, 2018 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you are a legal owner of the property, you cannot be taken off of the deed for not bearing any of the financial responsibilty for it. That having been said, any of the owners can force a sale of the property. The law provides as remedy called "partition". In such an action, the court will order that the property be divided, if possible. In not, as in the case of a single family home, the court will instead order a "sale in lieu of partition". In this type of sale, the property is be offered to the public for fair market value. Then, when it sells, the proceeds are equitably distributes to the owners. First, however, any owner who wishes to keep the property can offer to buy out the other owners.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you are a legal owner of the property, you cannot be taken off of the deed for not bearing any of the financial responsibilty for it. That having been said, any of the owners can force a sale of the property. The law provides as remedy called "partition". In such an action, the court will order that the property be divided, if possible. In not, as in the case of a single family home, the court will instead order a "sale in lieu of partition". In this type of sale, the property is be offered to the public for fair market value. Then, when it sells, the proceeds are equitably distributes to the owners. First, however, any owner who wishes to keep the property can offer to buy out the other owners.


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