Can 3 siblings force another sibling to move out of their mother’s home after she dies?

My fiance and I currently live with and provide round the clock care for her mother. However, recently we’ve been made aware of the fact that two of her older siblings, still not sure about the third yet, are planning to have her removed from the premises as soon as her mother passes on. How can this be a legal gesture considering that they all have an equal 1/4 legal share for both the land and residence?

Asked on March 26, 2018 under Estate Planning, Louisiana

Answers:

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

Answered 2 years ago | Contributor

The executor of your mother-in-law's estate can have you removed by filing in the court for an eviction. However, once the property is transferred into your wife's and her siblings' names, then it will take an order of the court to remove her. This can be done through what is known as an action in "partition". Under such an action, when co-owners of property cannot agree as to ownership matters, then the court can order that the property be sold. Since that is not practical in the case of a single family home, then the court will instead order a "sale in lieu of partition". Accordingly, the property will be put on the MLS and then sold for fair market value. First, however, any owner who wished to keep the property can buy out the other owners (again for FMV).


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