What do you do when your parent passes away and leaves you property and 2 of your siblings won’t remove themselves or sell it?

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What do you do when your parent passes away and leaves you property and 2 of your siblings won’t remove themselves or sell it?

Each one of the siblings has a deed.

Asked on September 5, 2014 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can file a lawsuit seeking partition and/or sale and distribution--that is, asking the court to divide the property, so you each own a different 1/3 piece, instead of being co-owners of all, if such is practical for this property; or for a court order requiring that it be sold and the proceeds distributed to the heirs. These solutions are typically how courts deal with situations where the owners of property cannot agree on what to do with it. A lawyer could help  you with this (contact a real estate attorney). You could also see if the other two siblings (or one of them) would be willing to buy out your interest.


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