What to do when heirs cannot agree on the sale of inherited property?
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What to do when heirs cannot agree on the sale of inherited property?
I been living with parents for 6 years. Dad went in a nursing home; mom is still here. House was supposed to be sold when mom died. Mom and I amended the Will saying that it does not sell if needed by any of the sons and daughters and, if agreed upon by the 4, then it can sell. My brother and younger sister are upset at this because they want the money from the house. Can they kick me out of here and sell this house anyway without my consent? I have no where else to go, this is where I live, and am on disability.
Asked on April 14, 2011 under Estate Planning, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Mom can certainly change her will to give you a life estate in the home so that no one can sell the home while you are living and that you can continue to live in the home until you pass. After you pass, it can be sold/transfered or whatever the siblings or their heirs would like to do. Otherwise, if she doesn't amend her will to give you a life estate, the siblings can sue to partition ownership in the home (because I assume you will all own the property as tenants in common). Whatever happens in the partition can certainly impact whether you get kicked out or not if the home is then sold to another person (though you will still have partial ownership and probably can stop a sale). You should have your mom consult with an estate planning attorney independently without you there because if your siblings wind up successfully accusing you of abusing your relationship with your mother to the point of undue influence, anything she does do for you may be voided by the court.
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