How do I sell if my brother is resisting and has his daughter is living in the house that we inherited? 18 Answers as of February 04, 2014

My brother and I lost our mom last April. House is $65,000 per the county tax base. Do I have any options? My brother wants his daughter to just pay the taxes as rent. He will not talk about it until after a year of mom's passing. In her will, she said to sell the house and split it 50/50. I need to know what I can do to force him to do something.

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Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Seek the services of a probate lawyer to probate the estate and compel a sale of the house.
Answer Applies to: California
Replied: 2/4/2014
James Law Group
James Law Group | Christine James
You will need to force him to buy you out. If he will not you will need to file a quiet title action.
Answer Applies to: California
Replied: 1/30/2014
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
Submit the will for probate. As personal representative, you will have the power to sell the house.
Answer Applies to: Oregon
Replied: 1/30/2014
Law Office of Pamela Braynon | Pamela Y. Braynon
If you go to probate court, the house will be legally placed in both your names (that is if the two of you are your mom?s only heirs). In probate court, the will must be followed. The personal representative is obligated to follow the will. I don?t know what the year?s limitation is all about. If by chance your brother was named the personal representative, you can report what is going on to the judge and the judge will make a ruling.
Answer Applies to: Florida
Replied: 1/30/2014
Richard J. Keyes Attorney at Law | Richard J. Keyes
You do not say if the will has been probated. If there has been no probate, then see an attorney to probate the will as soon as possible. Also, do not depend on the appraisal from the county as to the value. I have had estates where the value of the property has sold for well over what the county has for a value and I have had instances where is sold for less than 10% of the county value because it was in such poor condition.
Answer Applies to: Missouri
Replied: 1/30/2014
    Christine Sabio Socrates Attorney at Law | Christine Socrates
    You must open a probate estate in order to probate your mother's will and transfer the property to you and your brother. If the will states that the house should be sold and split equally, then you would need to do that or if you are in agreement, your brother could apply to buy out your share if he wanted the property for himself. The issues you are having with your brother can be better dealt with in the probate process and with the court's involvement.
    Answer Applies to: Ohio
    Replied: 1/30/2014
    Frederick & Frederick PLC | James P Frederick
    You cannot force anything without taking him to court. You can take him to court and ask the judge to force your brother to buy you out or to sell the property.
    Answer Applies to: Michigan
    Replied: 1/30/2014
    Strickland Law, PLLC
    Strickland Law, PLLC | Jeffrey S. Strickland
    You did not provide whether the house is in your names or still in your mom's name. If in your mom's name, you need to probate her estate, and ask the court to enter an order allowing the property to be sold. Your brother can buy your interest, but I would not use the tax assessed value, but an appraisal. If the property is in your names, he can buy your interest or else you have to petition a court to order the property to be sold and proceeds divided. ? If your brother wants his daughter to only pay taxes, he needs to pay you enough to cover your share of a fair market rental.
    Answer Applies to: Tennessee
    Replied: 1/30/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Did it already go through probate? Has title transferred to you both. Seek legal counsel. You may need to initiate litigation, be it probate or to partition the land. This need to be filed in the state where the land is located. Best of luck to you. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
    Answer Applies to: Nevada
    Replied: 1/30/2014
    Donald T. Scher & Associates, P.C.
    Donald T. Scher & Associates, P.C. | Donald Scher
    You should act at once and petition the court for appointment as Personal Representative of your mother's estate and for probate of her will. Then you can act now to carry out the provision of her will that says it should be sold and the proceeds split. In the interim, you could prevent his daughter from moving residing in the house.
    Answer Applies to: Arizona
    Replied: 1/30/2014
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    If you have the will you can probate it yourself, and force the issue. If he has the will, you can petition the court to have the original will delivered to the county clerk's office. Y
    Answer Applies to: Texas
    Replied: 1/30/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Who is named in the will as executor? If you, hire a lawyer and file a petition for probate now. If him, hire a lawyer. Of somebody else, get them to file a petition for probate now. If you and your brother together, hire a lawyer and petition for probate now. If nobody is named, then you can file a petition for probate now.
    Answer Applies to: California
    Replied: 1/30/2014
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    A real estate attorney will be able to discuss a petition to partition or other options available to you.
    Answer Applies to: California
    Replied: 1/30/2014
    Danville Law Group | Scott Jordan
    The house is probably worth considerably more that the county tax base. You are going to have to file a probate petition to transfer the home out of your mother's name and into you and yours brothers.
    Answer Applies to: California
    Replied: 1/30/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You need to go to court and ask the court to partition the property.
    Answer Applies to: Idaho
    Replied: 1/30/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    If you ?inherited?, there must have been a probate. Is it open or closed? If open, it should be easy to get a court order to sell. If closed, you can file a ?partition? action to force a sale.
    Answer Applies to: California
    Replied: 1/30/2014
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    You will need to ask the Court to resolve this as part of the probate your Mother's estate. Contact an attorney specializing in estate administration for further information.
    Answer Applies to: Colorado
    Replied: 1/30/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Open a probate and have a representative appointed. A probate will be required so a properly authorized representative can sign the deed. The representative will be required to list and sell the property. Anyone living in the property will be forced to vacate within a reasonable time and to pay rent to the estate for use of estate property.
    Answer Applies to: Illinois
    Replied: 1/30/2014
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