What can be done if my mother passed and left us 3 daughters her home but 1 of us has taken it over without agreement from the rest of us?

My sister took over occupancy of my deceased mother’s home, which was left to all 3 of us daughters. The sister occupying house is not paying rent or agreeing to a fair market value on the house. If my other sister and I agree to sell the home, can we evict her? We provided an appraisal and comps to her in certified letter.

Asked on October 3, 2017 under Estate Planning, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  You can not "evict" an owner of a home and an owner she is.  You need to bring what is called an action for Partition which asks the court to divide the owned property equally.  Since you can not divide a house the court will order it sold.  A referee will be appointed and that will incur fees and additional costs.  But if she will not agree then I think that you have no choice.  Good luck.

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