What can I do regarding an inherited house owned with my uncooperative brother?
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What can I do regarding an inherited house owned with my uncooperative brother?
My dad passed left a Will. He left his house to my brother and myself 50/50. However, my brother does not want to let me know where the rent money is or what he is doing with the rent money. I was the
representive appointed by my dad and handled the legal aspect of the Will. What can I do?
Asked on April 19, 2018 under Estate Planning, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
When two owners of property cannot decide what to do with it or how to manage it, often the best recourse is for one of them to bring an action "for partition": that is, a legal action asking the court to order that the property be sold and the proceeds split between the owners (after first paying cost of the legal action, cost of sale, and paying off any mortgages or liens). In this action, it may be possible to get a credit (extra money from the sale) as compensation that the other owner improperly took (e.g. the rent).
You could also (instead of or in addition to) sue your brother for the money you think he took: since you both own the home, any rent from it belongs to both of you and if he took your share, he is effectively stealing. Taking another's money provides a legal ground to sue to recover it.
You should consult with an attorney to determine the best option(s) for you in this case.
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