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?

UPDATED: Sep 5, 2014

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

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.

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