What can be done to get him out if he decides not to sign his portion of the house over to my mom like my grandfather wanted? 15 Answers as of April 21, 2014

My grandfather passed away in 2012 leaving his land owned as well as his house to all remaining children. Being the closest person to my grandfather, we talked often and he shared many private details with me. If anything was to happen to him my mother, which is his youngest with 5 young children would get his house. Unfortunately, he never got the chance to get that in writing before he passed. In fact all of the siblings are still listed on the deed except one. The reason I am seeking help is because I have an uncle there who is 50+ years old, does not have a job, no responsibilities and has not chipped in on the upkeep of the house. Even before my grandfather passed, he has been a burden living home rent free in the basement causing more bills. I knew for a fact myself my grandfather was really tired of his mess. My other 3 aunts and 1 uncle has agreed to sign all rights over. However he is still causing problems.

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Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
You are going to need a probate petition file to disperse the property properly and to resolve the problem with the uncle. Suggest you obtain the service of a probate attorney.
Answer Applies to: California
Replied: 4/21/2014
Law Office of Nathan Wagner
Law Office of Nathan Wagner | Nathan J. Wagner
In short, you cannot force him to give up his portion of the house, even if that is what your grandfather would have wanted. However, he should be contributing to the upkeep of the house. And if he is living in the house, he should be paying rent to the other owners.
Answer Applies to: California
Replied: 4/21/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Unfortunately there may be very little you can do. Except sue him and force him to move after paying him for the value of his equity in the house. As a part owner further if the deed was to all "with survivorship" there might be nothing you can do except sue him for the 1/5 of the cost of maintaining the house and force him to keep paying that amount.
Answer Applies to: Michigan
Replied: 4/18/2014
Law Office of Pamela Braynon | Pamela Y. Braynon
Its unfortunate your grandfather did not memorialize his wishes by writing a will. Accordingly, if your grandfather's estate is probated, each of his children would receive equal amounts of his assets and unless there is an agreement among'st them, there is nothing you can do about it.
Answer Applies to: Florida
Replied: 4/18/2014
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
If grandfather wanted then he would have changed his will or made one. Uncle is entitled to his fifth. Mom and/or other siblings could force a sale, and he would get a fifth. Short of that, he is welcome to stay.
Answer Applies to: California
Replied: 4/18/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Your grandfather could have spent a few hundred dollars on estate planning and avoided this mess. Any statements your grandfather made to you are now completely irrelevant. They have no force, because his wishes were not stated in a well-drafted Will. The siblings now own the house, and are going to bicker and fight for years. The family is going to be torn apart, and eventually many thousands of dollars will be spent on several attorneys to sort out a solution that will not seem right to any of you. It will cost thousands and take a long time to force the moocher kid out, if it can even be done. It is what it is. Get you to an estate planning lawyer and don't leave this kind of situation behind you when you pass.
    Answer Applies to: Oregon
    Replied: 4/18/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    If he is on the deed he needs to be dealt with. His interest may need to be bought out. However, he is not required to sell the interest or give it away. It is too bad your grandfather included him. I suggest that you consult counsel about options, but all will probably include giving him something, i.e. money to comply.
    Answer Applies to: Nevada
    Replied: 4/18/2014
    James Law Group
    James Law Group | Christine James
    You need an attorney and you need to file a partition action and buy him out. Then you need to evict him. Not something you can do on your own. If you do not do that, the uncle has as much right to be there as any of the others and he will continue to take advantage.
    Answer Applies to: California
    Replied: 4/18/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Your mother can file a petition to apportion the property. If she cannot buy out uncle, the court will order the property sold.
    Answer Applies to: Idaho
    Replied: 4/18/2014
    Frederick & Frederick PLC | James P Frederick
    It is up to your aunts and uncles. Since your grandfather did not set up his estate plan properly, there is no legal basis for removing your uncle. You can (possibly) sue to partition the property, in which case the judge could order your uncle's share bought out or the property be sold. Seeking to buy him out may be the best option, especially if you can avoid court. Keep in mind that, even if everyone understands that this was your grandfather's intent, there is no legal requirement to honor it.
    Answer Applies to: Michigan
    Replied: 4/18/2014
    Gates' Law, PLLC | Thomas E. Gates
    Since there was no will, your uncle has the same ownership rights as the other siblings. If they wish to sell the property and he refuses, you can sell the property at a fire sell and the money then would be divided equally to the siblings.
    Answer Applies to: Washington
    Replied: 4/18/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Take the details to an attorney, if he is not an owner of the house are only a partial owner here are things which can be done but a firm recommendation cannot be made until after everything is known and understood.
    Answer Applies to: Michigan
    Replied: 4/18/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    As your grandfather did not have a will at the time of his death, the property was divided equally among his children. I assume your mother has already offered to buy out her brother's share and he has refused. However, that doesn't give him the right to live in the property without paying a portion of the expenses. Your mother and the siblings who have signed off on the deed are probably going to have to take him to court to get him evicted.
    Answer Applies to: Nebraska
    Replied: 4/18/2014
    Law Offices of Robert P Bergman
    Law Offices of Robert P Bergman | Robert P. Bergman
    It is not clear if the uncle living in the house is one of the one to receive the house. However, the short answer is this. If everyone signs over their interests to your mother (typically by "Quitclaim Deed"), and your uncle who is living in the property is one of the owners, then your mother could file a "partition action" with the Superior Court to request that the property be sold and the proceeds divided between the owners at that time. Joint ownership of a property between siblings is a form of partnership, and the law does not require someone to keep in a partnership.
    Answer Applies to: California
    Replied: 4/18/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Your grandfather did not charge rent so it may be difficult for the other owners to impose rent in a contribution suit. The surest way to force the uncle out is to start a partition action. This will force the sale of the home. The court will order appraisals and determine a reasonable value. There will be a sheriff's sale. The proceeds will be divided among the owners. The owners are able to bid at the forced sale and can use their ownership interest as a credit against the bid price. If you obtain the ownership interests of the other owners and only have to pay the uncle's interest at the forced sale you would be able to outbid him and gain complete ownership.
    Answer Applies to: Illinois
    Replied: 4/18/2014
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