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Old Today, 08:47 AM
 
4,557 posts, read 8,556,975 times
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Quote:
Originally Posted by SOON2BNSURPRISE View Post
This is why my wife and I are having our home sold when we die. We have that as part of the will.
My dying wish is to have all my kids fight over my house and never talk to each other again. LOL. That is what people are saying when they leave the house to the kids without legal instructions.
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Old Today, 08:54 AM
 
Location: SoCal, but itching to relocate
341 posts, read 216,780 times
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Quote:
Originally Posted by twinkletwinkle22 View Post
No, you have no power to do that. That is done by a lawyer who files a suit in the court to remove her. Complicated and expensive and takes a long time. Last resort and perhaps unnecesary.

If the house is the biggest asset go to a real estate lawyer (NOT an estate lawyer) and ask about a partition lawsuit. According to what you have said it's already titled outside the estate in siblings names, that makes it much easier. The lawyer will go to the county deed office and get a copy of the deed (you could do this also).
YES! Go to a real estate lawyer...at least make that your first stop. If it turns out you need an estate lawyer, you can always move on to that next step if it becomes necessary.

In the meantime, if you haven't done so already, write down all the *facts* (accuracy counts) about this situation including dates (move-in, move-out, deaths, renters in & out), dollar amounts (rents collected, taxes paid and by whom, etc.), get a copy of the deed, your parents' will (even if the house isn't included in it)...basically every piece of documentation possible. You will need all of that for any attorney to help you.
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Old Today, 09:17 AM
 
34 posts, read 3,041 times
Reputation: 24
Quote:
Originally Posted by Rakin View Post
I wonder also if there is a well respected Brother or Sister maybe that can go talk some sense into big Sis.

If 2-3 of the Kids that she respects would step up and go talk to her it would be a whole lot cheaper than an attorney
We all tried to talk to her. She does not want to let go of the house because of all the memories.
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Old Today, 09:29 AM
 
1,152 posts, read 312,366 times
Reputation: 2005
Quote:
Originally Posted by SOON2BNSURPRISE View Post
This is why my wife and I are having our home sold when we die. We have that as part of the will. Now if one of the kids wants to buy the home that is another story. The proceeds will be split among the kids.
I had a single friend who, along with her single sister, lived with her mother until the mother's death. The mother's instructions were that the two daughters could continue to live in the home for six months and then the house was to be sold with all the siblings getting an equal share. My friend decided to buy out her other sisters and brothers shares so she could continue to live in the home. My friend had the home appraised and then made an offer based on the appraisal. Her sisters agreed to the offer but the brother was a hold out. His wife did not think the offer was fair and that the appraisal was too low. His wife (the SIL), told my friend she was taking money away from her nieces (who she dearly loved) who could use the money toward their college education. It got very ugly with a lot of mudslinging. In the end my friend increased the offer by a few thousand dollars and the brother accepted it but the SIL still was not happy as she wanted more. It was such a shame since it cost my friend big time in terms of the long-term irreparable damage to the family relationship (she rarely saw her nieces after that) that my friend didn't foresee.

So even with the instructions that the home be sold, there was familial emotional fallout. From my experience it comes down to a lot of pent up jealousies that come to the fore after the death of the parent and inheritance distribution.

Last edited by Maddie104; Today at 09:52 AM..
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Old Today, 09:35 AM
 
Location: Raleigh
8,586 posts, read 6,425,404 times
Reputation: 11968
Quote:
Originally Posted by SFBayBoomer View Post
What state is this and who has been paying the property taxes?

The sister, if she lived there for so many years and paid property taxes, may have established "squatter's rights," legally called "adverse possession."

https://definitions.uslegal.com/s/squatters-rights/

OP, have you discussed this with an attorney?
Quote:
Originally Posted by Roadrun1 View Post
I would rather not say what state. If my siblings find out Iíve been sharing personal info on the internet they will have a fit. No one has mentioned adverse possession or squatters rights in my family yet . I donít think she would do that.
I don't think squatters rights or adverse possession apply. The house is owned by the Estate, she is the executrix of the estate, and a legitimate heir to a portion of it. I think that the way to foricbly remove her from the house would be to first remove her as the executor (legally,) then have the estate evict her, then sell the house. In that way, it would be no different if she was the live-in Girlfriend of the deceased, who refused to leave.

Especially if she lived there before her parents passed, she is a legal tenant. So its a hard question to answer.
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Old Today, 09:45 AM
 
11,127 posts, read 4,520,124 times
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Quote:
Originally Posted by Roadrun1 View Post
We all tried to talk to her. She does not want to let go of the house because of all the memories.
She doesn't have to sell. She can purchase the house from the heirs, which is all of you.

I am curious, though. This is the kind of stuff that causes rifts that never ever heal.

How much is your share - 1/8 of this house, worth? And is that worth wrecking the family?

Do you need the money?

We had a cantankerous estate distribution when a relative died, and that's what we came down to. Is it really worth fighting this one relative who was basically taking the estate - which wasn't worth a lot? We decided no, it wasn't worth the fight, and thanked God the relative didn't live to see her brother act this abhorrent way.
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Old Today, 10:03 AM
 
6,891 posts, read 8,276,527 times
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Quote:
Originally Posted by Roadrun1 View Post
Removing her as an executor is going to be another sensitive topic that will trigger more drama. Do I just hand her a letter and say you are no longer the executor?
Quote:
Originally Posted by Roadrun1 View Post
There is no will. Only a deed . I made a mistake .
Are there other assets from the estate which weren't distributed? If not, since the house was apparently deeded to you and your siblings prior to your parents' death, there isn't a need for an estate attorney or for removing your sister as the executor. You simply need a good real estate attorney to guide you through the process of getting the house sold. One owner can not prohibit a sale...but one can force a sale. Good luck.
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Old Today, 10:06 AM
 
6,891 posts, read 8,276,527 times
Reputation: 12040
Quote:
Originally Posted by JONOV View Post
I don't think squatters rights or adverse possession apply. The house is owned by the Estate, she is the executrix of the estate, and a legitimate heir to a portion of it. I think that the way to foricbly remove her from the house would be to first remove her as the executor (legally,) then have the estate evict her, then sell the house. In that way, it would be no different if she was the live-in Girlfriend of the deceased, who refused to leave.

Especially if she lived there before her parents passed, she is a legal tenant. So its a hard question to answer.
From the information provided in this thread, the house was deeded to all of the siblings prior to the parents' deaths.
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Old Today, 10:19 AM
 
Location: DFW - Coppell / Las Colinas
32,627 posts, read 37,248,330 times
Reputation: 39676
Quote:
Originally Posted by jackmichigan View Post
Are there other assets from the estate which weren't distributed? If not, since the house was apparently deeded to you and your siblings prior to your parents' death, there isn't a need for an estate attorney or for removing your sister as the executor. You simply need a good real estate attorney to guide you through the process of getting the house sold. One owner can not prohibit a sale...but one can force a sale. Good luck.
Good point. This has nothing to do with wills and executors of the will.

This is a jointly owned piece of property. If 7 out of 8 want to sell, it should not be that hard to get it sold.

No probate, no judge, no will.
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Old Today, 11:06 AM
 
Location: Kansas City North
4,238 posts, read 7,504,241 times
Reputation: 6468
If sis doesnít want it sold to someone else, she needs to get a mortgage for 7/8 of the value (determined by an appraisal or two) and pay off the rest of you from that.
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