QUESTION
Does my mom have to buy her sister out at 50%?
Asked on Jun 28th, 2013 on Estate Planning - Missouri
More details to this question:
My grandparents left my mother and Aunt a house in DC when they passed. My mother has always been the one paying the utilities and upkeep of the house although my Aunt, her 2 kids, my mom and myself all reside there. My Aunt has been out of the home about 10 years and has never paid any bills concerning the house. The house is in ill repair now and in dire need of rehabilitation. What is my aunt's stake in the house if any? She should not be entitled to half if she refuses to pay half.
8 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain yourself a probate litigation lawyer to file a petition to [partition the property and force a sale with a division of the proceeds, subject to any expenses incurred by the person.
Answered on Jul 10th, 2013 at 2:50 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I agree with you, but if your aunt does not agree, your mother is going to need to take her to court, in order to change things. Your aunt could argue that because your mother is living there, she should be paying all the costs. There are arguments, both ways. If your mother intends to pursue this and your aunt does not agree, then your mother will need to retain an attorney.
Answered on Jul 01st, 2013 at 1:38 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Depends on DC law, not California.
Answered on Jun 28th, 2013 at 7:46 PM
Thomas Edward Gates
Yes, your mother needs to buy her out. While 50% may seem unfair, your mother let the living arrangements go on with a challenge to fairness.
Answered on Jun 28th, 2013 at 12:30 PM
Your aunt sitll has a 50% stake in the house. However, your mother can request an adjustment in the amount your Aunt will receive should the house be sold to reflect that she paid the bills, taxes, and whatever major maintenance was done. You Aunt may also have a claim against your mother, you and her children for the years she hasn't lived in the house and you didn't pay half of a reasonable sum of rent to her.
Answered on Jun 28th, 2013 at 11:18 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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She is entitled to one-half the value, just like your mother is.
Answered on Jun 28th, 2013 at 11:16 AM
2 Awards
She is likely entitled to 1/2. You will want to consult an attorney in DC to see what the laws are regarding a possible offset for expenses. In CA she would not get one but a DC Atty will know about that state law.
Answered on Jun 28th, 2013 at 11:16 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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I am not licensed in the District of Columbia. She will need to meet with an attorney and take all of the documents, will, trust, deed, etc.
Answered on Jun 28th, 2013 at 10:45 AM