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Old Today, 08:10 AM
 
527 posts, read 198,955 times
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Quote:
Originally Posted by Unsworth View Post
If all eight of you are on the deed as joint tenants your sister can't force you to sell the house. All of you must sign to transfer the house to a new owner. If you all can't agree on something then it is time to consult a lawyer. I had this problem when my mother-in-law passed away. One of my wife's brothers caused trouble but we finally go him to concede to our terms.
Legal advice in the state the property is located in is required for a good answer and even then it will be up to a judge not a lawyer who says this is possible.

My understanding of adverse possession is that it is a rare event and when the other people "allow" use of property that is taken into consideration. She is not currently occupying it "adversely" in other words. That makes a big difference.

Now once she has been notified by owners that they want her out and she continues to adversely possess it that is a different matter.
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Old Today, 08:43 AM
 
4,552 posts, read 8,553,835 times
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Quote:
Originally Posted by Unsworth View Post
If all eight of you are on the deed as joint tenants your sister can't force you to sell the house. All of you must sign to transfer the house to a new owner. If you all can't agree on something then it is time to consult a lawyer. I had this problem when my mother-in-law passed away. One of my wife's brothers caused trouble but we finally go him to concede to our terms.
Not true at all.

Courts can easily force you to sell it through a partition lawsuit. If everyone doesnt agree to a voluntary Partition they will be forced into a Judicial Partition where a judge says you have XX days to sell the property.
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Old Today, 08:51 AM
 
4,552 posts, read 8,553,835 times
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Whatever you decide, check the country records to look at deeds, mortgages, etc. Its possible that sister has already mortgaged that property to the max without anyone knowing and your shares have no value.

I've seen it happen once before.
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Old Today, 09:02 AM
 
Location: Living on the Coast in Oxnard CA
15,948 posts, read 27,114,946 times
Reputation: 20782
This happens a lot. A co-worker grew up in Malibu. His parents owned the home since the 1960's. The mom died some years back. The dad died about 3 years ago. The daughter had been living in the home her whole life. She did not take care of her parents. They did not have long term illnesses.

When the dad died the will stated that everything was split equally three ways. The sister held up the sale of the home for almost a year. She tried blocking the sale, tried holding up the action on the remainder of the estate. Took the money and put it in her own account trying to convince her two brothers that what she was doing was best.

My co-worker ended up getting a lawyer. The home was forced into a sale. It was a $6,000,000 home. The remainder of the estate was broken up. No one talks anymore in that family, I have heard.

I say, split the place up 8 ways and walk with a nice little payday. The only one that you won't talk to again is the sister causing all the problems. One less Christmas present to buy. I think that is a great trade off.
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Old Today, 09:44 AM
 
20 posts, read 124 times
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Sorry for the mistake. We actually don’t have a will. The deed has all our names. I just checked with my sister . I was confused because my eldest sister has all the documents
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Old Today, 09:52 AM
 
4,948 posts, read 4,206,473 times
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The state the house is in may make a difference in how complicated this could get. But in any state the executor must follow the directions of the will. If she is refusing to do so, you as a beneficiary can petition the court for change of executor.

And as another poster said, it is not democracy where 5 of 8 owners have to agree to sell....only 1 has to file for a partitioning of the estate's assets. You have an undivided interest in a house & you want your portion

There should have been a drop dead date (by state law) to settle the estate. A legal agreement should have made & signed off on by all beneficiaries with details of how long your sister would live in the house and what would be paid & how etc.

Or is the house in a trust with sister as trustee? That is a different kettle of fish.
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Old Today, 10:27 AM
 
240 posts, read 103,437 times
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Quote:
Originally Posted by Roadrun1 View Post
Sorry for the mistake. We actually donít have a will. The deed has all our names. I just checked with my sister . I was confused because my eldest sister has all the documents
Even if there's no will, it doesn't really make a difference. All of the deceased's children still rightfully inherit equal portions of the assets under state law. The executor has a legal obligation to fulfill the state law.
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Old Today, 11:25 AM
 
8,037 posts, read 11,808,836 times
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Its your parents house. They left it to all of you but I suspect that they would want the house to be of help/comfort etc. to any of you that needed it most. Just let it go. Try to find something that is somewhat equitable but then...just let it go, keep family happy if you can. So many families these days ripped apart over stuff like this. Not worth it unless you really do need the money.
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Old Today, 11:27 AM
 
8,037 posts, read 11,808,836 times
Reputation: 10638
Quote:
Originally Posted by MikeJaquish View Post
So...
The house is worth $1.2 million. 8 heirs.
$150,000 each.

And Sis wants to sell for $600,000. $75,000 each.

1. Let Sis volunteer to not take a cut of the proceeds. 7-way split. $85,000 each.
The quibble is down to $65,000 difference.

2. No $1.2 million sale is guaranteed. Maybe it goes off for $1.08 million. $135,000 each.
And, it would seem the $600,000 sale is a sure thing.
If Sis declines a cut, the quibble is down to $50,000 each.

3. And, maybe Sis would be willing in careful and caring negotiation to increase the sale price to her DD to $700,000.
If Sis declines a cut, the quibble is down to $35,000 each.

Is this the hill the family wants to die on?

I have 8 brothers and sisters, and damned if I would participate in tearing my family apart over $35,000, or $65,000 for that matter. Particularly when the least affluent was making out the best.

I would walk away before lawyering up and digging siege trenches.
Exactly, great advice.
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Old Today, 12:24 PM
 
Location: Virginia
4,131 posts, read 2,160,409 times
Reputation: 11478
Quote:
Originally Posted by Giesela View Post
Its your parents house. They left it to all of you but I suspect that they would want the house to be of help/comfort etc. to any of you that needed it most. Just let it go. Try to find something that is somewhat equitable but then...just let it go, keep family happy if you can. So many families these days ripped apart over stuff like this. Not worth it unless you really do need the money.
Sorry, but that's creating a "story" out of emotion. The parents put all eight of the children's names on the deed, which indicates that they wanted the property divided among them. One child has gotten an extremely unfair advantage already for 10 years and now wants to further that advantage for her daughter. How is that supposed to keep the family "happy"? There is no "feel-good" solution to this situation in any case, and it has been caused by the eldest sister who is not only acting selfishly, but has abrogated her lawful duties as executor of the estate.
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