What can be done if co-owners of inherited property disagree as to its disposition?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can be done if co-owners of inherited property disagree as to its disposition?
I am the executor of my father’s estate.He has left his home to my brother and I; everything else had been distributed. My brother and his wife are currently living in the home and pay 1/2 of property taxes and the homeowner’s insurance yearly. They do not want to move, buy the home or let me sell it so that I can get my share of my inheritance. Can I force them to move or what rights do I have?
Asked on August 7, 2014 under Estate Planning, Montana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I am so sorry for your loss and the issues here. As executor you have great power to do what is best and what were the wishes of your Father. So if you needed to sell the house to pay estate debt then you could. But you walk a fine line here since you are the co-beneficiary of the property as well. In "regular" circumstances you could bring an action for "Partition" which asks the court to split the asset in half. With a house that can not be done so generally the court orders it sold and the proceeds split. I would consider transferring ownership to you both via Executor's deed then close the estate then bring the action for partition. One of the problems with doing it as executor is that you will be using estate funds and that may not be wise, even if lawful. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.