What are my options if I do not want to sell my mother’s house but my 7 siblings do?

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What are my options if I do not want to sell my mother’s house but my 7 siblings do?

When my mom died 17 years ago, she did not leave her house to anyone. I have been living in it since her death and have been paying the taxes and everything myself. Now my brothers and sisters want to sell it but I am currently living in it and don’t want to sell.

Asked on August 13, 2012 under Estate Planning, Florida

Answers:

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

Answered 8 years ago | Contributor

Was her estate ever probated and the house transferred to you and your siblings?  That is going to have to be done in order to do anything.  Now, you can have the house valued and then you would be entitled to one seventh of the value.  You could but your siblings out deducting the one seventh you do not have to pay.  You may also be able to negotiate to have some of the money you have put in to the house from the last 17 years applied a a "set off" to the purchase.  Having you live in the house, maintain it and pay the taxes has been a burden off of them.  But if you have not been paying "rent" then that (taxes, etc.) could be seen as the trade off. You should speak with an attorney in the area to help.  Good luck.


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