QUESTION
Can one sibling make all the sibling sell their mothers house to get their share?
Asked on Sep 20th, 2013 on Estate Planning - Utah
More details to this question:
Can 2 of 5 siblings make all children to sell their mothers house to get there share if she left if for the oldest child? Then he passes it to go on down the line until it gets to the youngest child.
13 ANSWERS
Yes, co-owners can force a sale or buyout but if they have no present interest then they must wait. You should consult a real estate attorney to review all of the facts and documents and advise you.
Answered on Sep 24th, 2013 at 5:31 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your question is not clear. How was the property "left for" the oldest child? Was there a deed or Will that stipulated that the oldest child would receive the property? Unless this was done, then it is unclear HOW the property passed through your mother's estate, or whether it was an estate asset, at all. I think you are going to need to meet with an attorney and share all of the paperwork you have, in order to get an answer to your questions.
Answered on Sep 24th, 2013 at 4:17 AM
The chances of all the siblings dying in order of age is pretty small so at least some of you will never get possesion of the house. Unless this is a really, really special property, it would probably be be best to sell it and split the proceeds. However, if your mother left the property to the oldest child via her will, the only oldest child owns the property.
Answered on Sep 24th, 2013 at 4:13 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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If the mother left the house to all of her children, then any of the children can insist that the house be sold and the proceeds be divided (or the children who want to keep the house can buy out their siblings' shares). On the other hand, if the mother left the house to the oldest child only, then the other children cannot force the sale of the house.
Answered on Sep 23rd, 2013 at 2:55 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If it were owned by all 5 siblings, I would suggest that the 3 buy out the 2. This passing on down the line doesn't make sense to me. Take all of the documentation to a local attorney and maybe that person can help you.
Answered on Sep 23rd, 2013 at 2:36 PM
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If it is worded the way you state in her will or trust, and that the eldest gets it until he/she dies etc., then no, there would have to be 100% agreement. If it is not specifically written that way, but just understood or previously agreed, they can likely force the sale.
Answered on Sep 23rd, 2013 at 2:23 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes, via a court petition to partition for sale. An appraisal of the property needs to be conducted; and if you are interested, purchase the sibling's share who wants to sell.
Answered on Sep 23rd, 2013 at 1:51 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If her will creates a trust for oldest child, then no. But in general, yes. If the house was in mother's name and she has passed away, the personal representative can sell the house (unless the will specifically directs another disposition for the house). If the house was deeded to the siblings, then any owner can sue for partition. (Note that this answer is for Oregon). Honestly, selling the house is the better idea. Joint ownership of real property by five people is a recipe for ongoing fighting which will tear your family apart.
Answered on Sep 23rd, 2013 at 1:16 PM
Thomas Edward Gates
If there is no language of a life estate, the oldest child can sell the property without the say of the other children.
Answered on Sep 23rd, 2013 at 1:16 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It depends upon how the title is held.. In Michigan.. If its all 5 siblings and the title is held as "Joint Tenants with the Right of Survivorship" then no a single sibling cannot force the others to sell..
Answered on Sep 23rd, 2013 at 1:15 PM
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The Will should be reviewed by an attorney to advise you accordingly. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Sep 23rd, 2013 at 1:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I do not understand your question, if she left it totally to the oldest child then it is their property and the rest have no interest. Thank you and good luck.
Answered on Sep 23rd, 2013 at 1:15 PM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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I'm very sorry, but the email does not provide enough information to answer your question. If a house was left to all children equally, any one of them can generally force a sale. This depends on the house being left outright and not in trust, and a few other possible exceptions. An experienced estate administration attorney can help you understand and defend your rights.
Answered on Sep 23rd, 2013 at 1:13 PM