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Old 09-23-2019, 01:57 AM
 
Location: The Wild Wild West
44,658 posts, read 61,714,444 times
Reputation: 125848

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The only solution as I see it is a Real Estate Lawyer, it's too complicated for a layman.
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Old 09-23-2019, 02:08 AM
 
Location: Brackenwood
10,004 posts, read 5,713,176 times
Reputation: 22171
Quote:
Originally Posted by Roadrun1 View Post
I have four brothers and 3 sisters. I’m the youngest in the family. My mother and father passed away 10 years ago. My eldest sister has been living in our parents house
rent free for the past 10 years . My parents left a will that equally divided the house to each surviving child. My eldest sister is emotionally attached to the house and she does not want it sold. After years of drama my eldest sister has finally agreed to sell the house but not at market value. She wants to sell the house to her daughter at a huge discount so that the property stays in the family . She is forcing everyone to sell this property to her daughter. What would you do?
Where the hell is the estate executor? How has your sister gotten away with living there rent-free unless she herself is the executor? Whomever the executor is, (s)he needs to be removed and replaced with someone who understands the fiduciary duties of the position.

I would get together with the rest of the siblings to decide if it's worth trying to a) force her to pay back rent to the estate if the legal grounds for doing so haven't already lapsed, and b) force a sale at market value. If most of the rest of the siblings are willing to go along with it, find the best estate attorney in town and go for it. If your sister and/or niece have the means to buy it at market rate, then by all means give them right of first refusal. If not... well, too bad.
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Old 09-23-2019, 04:54 AM
 
64 posts, read 41,498 times
Reputation: 41
Quote:
Originally Posted by Bitey View Post
Where the hell is the estate executor? How has your sister gotten away with living there rent-free unless she herself is the executor? Whomever the executor is, (s)he needs to be removed and replaced with someone who understands the fiduciary duties of the position.

I would get together with the rest of the siblings to decide if it's worth trying to a) force her to pay back rent to the estate if the legal grounds for doing so haven't already lapsed, and b) force a sale at market value. If most of the rest of the siblings are willing to go along with it, find the best estate attorney in town and go for it. If your sister and/or niece have the means to buy it at market rate, then by all means give them right of first refusal. If not... well, too bad.
She herself is the executor. She is threatening to withhold legal documents to stop the sale of the house. It will be difficult to convince my brothers and sisters to hire an attorney but I will try.
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Old 09-23-2019, 04:56 AM
 
64 posts, read 41,498 times
Reputation: 41
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Originally Posted by wit-nit View Post
The only solution as I see it is a Real Estate Lawyer, it's too complicated for a layman.
Ok will do thanks. The relationship we had will never be the same.
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Old 09-23-2019, 04:58 AM
 
863 posts, read 1,342,076 times
Reputation: 1680
Quote:
Originally Posted by Roadrun1 View Post
She herself is the executor. She is threatening to withhold legal documents to stop the sale of the house. It will be difficult to convince my brothers and sisters to hire an attorney but I will try.
Ask them if they’d rather have $75k or $150k. Because that’s the cut your sister is trying to force. If you’re all on yhe deed she can’t do jack about the sale without your signatures. So don’t feel a time pressure.

And ask if they’re ok with their niece get $1.2M+ when she sells down the road. Because you know she will, and it’ll be some sob story but in reality, just a cash grab.
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Old 09-23-2019, 05:07 AM
 
Location: A blue island in the Piedmont
34,121 posts, read 83,106,864 times
Reputation: 43712
Quote:
Originally Posted by Roadrun1 View Post
My mother and father passed away 10 years ago.
My eldest sister has been living in our parents house rent free for the past 10 years .
How is the house LEGALLY titled?
Have you read the Orphans Court documents for the estate?
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Old 09-23-2019, 05:07 AM
 
863 posts, read 1,342,076 times
Reputation: 1680
Quote:
Originally Posted by Roadrun1 View Post
Ok will do thanks. The relationship we had will never be the same.
Just remember - you aren’t the one responsible for breaking the relationship. Your oldest sister is, because she’s not acting in a fair and responsible manner. You have a right to the house, that your parents wanted you all to have. Your sister is going against their desires.
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Old 09-23-2019, 05:12 AM
 
64 posts, read 41,498 times
Reputation: 41
Quote:
Originally Posted by MrRational View Post
How is the house LEGALLY titled?
Have you read the Orphans Court documents for the estate?
I have not read it. She has all the legal documents and she is hiding it from everyone.
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Old 09-23-2019, 05:13 AM
 
64 posts, read 41,498 times
Reputation: 41
Quote:
Originally Posted by Kiru View Post
Just remember - you aren’t the one responsible for breaking the relationship. Your oldest sister is, because she’s not acting in a fair and responsible manner. You have a right to the house, that your parents wanted you all to have. Your sister is going against their desires.
I agree with you. She does not see it that way. She thinks we are all being greedy. She is emotionally attached to the house and she will not let any realtor enter the house.
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Old 09-23-2019, 05:20 AM
 
64 posts, read 41,498 times
Reputation: 41
Quote:
Originally Posted by Kiru View Post
Ask them if they’d rather have $75k or $150k. Because that’s the cut your sister is trying to force. If you’re all on yhe deed she can’t do jack about the sale without your signatures. So don’t feel a time pressure.

And ask if they’re ok with their niece get $1.2M+ when she sells down the road. Because you know she will, and it’ll be some sob story but in reality, just a cash grab.
She would rather not sell the house and live there rent free. The rest of us want the house sold ASAP.
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