What are my rights as a co-owner of an inherited property with an administrator of the estate and the other beneficiaries?
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What are my rights as a co-owner of an inherited property with an administrator of the estate and the other beneficiaries?
My dad passed away in 2015. He left his house to my brother, sister, and me. We
appointed my mother the administrator of the estate. My sister immediately moved
in after his passing. She has had the house go into foreclosure at least twice
and my mom has bailed her out. She again became delinquent on payments and I want
to sell. My mother refuses to sell and says that I am at a 1 to 3 disadvantage
herself included in the three. Now my sister is moving my property out of the
house without notice it is not my primary residence, has changed the locks on
the door and will not give me a key. What are my rights? Can I force a sale?
Asked on August 1, 2018 under Real Estate Law, Louisiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The fact is that an administrator cannot keep the estate open indefinitely. So once it is closed and the property is transferred to all of you (i.e. put into all of your names), you can force a sale by filing for a "partition". In a partition action, the property will be ordered to be divided if possible. If not possible, such as in the case of a single family house, the court will order a "sale in lieu of partition" instead. Accordingly, the hose will be put on the market and sold for fair market value and the proceeds will be equitably distributed. However, before the property is offered to 3rd parties, any owner(s) who want(s) to keep the property can buy out the other owner(s) for fair market value. At this point, you should consult directly with a local real estate lawyerwho can best advise you further.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The fact is that an administrator cannot keep the estate open indefinitely. So once it is closed and the property is transferred to all of you (i.e. put into all of your names), you can force a sale by filing for a "partition". In a partition action, the property will be ordered to be divided if possible. If not possible, such as in the case of a single family house, the court will order a "sale in lieu of partition" instead. Accordingly, the hose will be put on the market and sold for fair market value and the proceeds will be equitably distributed. However, before the property is offered to 3rd parties, any owner(s) who want(s) to keep the property can buy out the other owner(s) for fair market value. At this point, you should consult directly with a local real estate lawyerwho can best advise you further.
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