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One of the three beneficiaries is living in the house and I want to sell the property so that the profits can be distributed. How do I get him out so that we can prepare the property for sale?
11 ANSWERS
It will be difficult to force a sale. But, you could charge him fair market value rent. If he won't pay, do an eviction proceeding.
Answered on Apr 19th, 2013 at 12:26 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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I am not sure whether all of the beneficiaries are on title to the property as a result of probate or a trust, but you can file a petition to partition the property and compel a sale and division of the proceeds, back charging the individual for rent of the property against that person's share of the proceeds; you will need to include that request in the partition action. As to the beneficiary living on the property, you the remaining beneficiaries need to give that person occupying the property, 30 day notice to vacate, and if necessary seek a complaint for unlawful detainer. Strongly suggested you seek the assistance of probate litigation counsel to guide you in this process.
Answered on Apr 17th, 2013 at 12:19 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Legally, you cannot evict him, since he is a co-owner, so unless you are able to convince him that the property cannot be sold and the proceeds distributed to the heirs, you are stuck with him.
Answered on Apr 17th, 2013 at 12:18 PM
Thomas Edward Gates
You would have to do an unlawful detainer action to get him removed. This is assuming the other sibling also wants to sell the property.
Answered on Apr 17th, 2013 at 12:18 PM
Well, the first option is to ask. If he refuses, then you can evict.
Answered on Apr 17th, 2013 at 12:17 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Give him notice and put on the market. If he doesn't move you may have to file a partition action.
Answered on Apr 17th, 2013 at 2:03 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If the property is still in probate, ask the court to order him or her out and order the sale of the property. If it is not in probate, then you will have to sue the other parties for partition to get the court to order a sale of the property.
Answered on Apr 17th, 2013 at 2:01 AM
2 Awards
If you have legal authority (are acting trustee, administrator or executor), you can file an eviction process (unlawful detainer). That is the only way to get him out legally if he will not leave willingly.
Answered on Apr 17th, 2013 at 2:01 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The beneficiary living in the house should be paying rent to the other two (or the estate). Beyond that I need more details to form an opinion.
Answered on Apr 17th, 2013 at 1:53 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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More information is needed. Who owns the house? "Beneficiaries" would normally mean the house is in trust, and the trustee could sell it. If it's in a probate estate, the personal representative could sell it. If it's jointly owned by three siblings because it was transferred before parent's death, then you'll have to sue the intransigent owner in a partition action.
Answered on Apr 17th, 2013 at 1:53 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You need to provide more information. Is one of the beneficiaries currently an owner of the property? Or is the property in an estate or trust? Are you the personal representative or trustee? If so, then you may be able to have him evicted. You will need an attorney to make sure it is handled properly.
Answered on Apr 17th, 2013 at 12:26 AM