QUESTION
If we all don't agree with what to do with house/property, what happens?
Asked on Aug 07th, 2013 on Estate Planning - California
More details to this question:
There was no will. We were left the house and all contents. My niece lived at house when parents passed. She never paid any rent or bills. Does she have a right to stay? Do the ones that don't want to sell it have to buy the other one out? If sister plans on moving there, does she have to wait until after succession if we all agree what to do with house?
15 ANSWERS
You will need to probate the estate. Children will share equally.
Answered on Aug 17th, 2013 at 1:00 AM
If you can't come to an agreement, you can bring suit against your siblings and have a judge make a decision, which will probably be to sell the property and split the money. So if anyone wants to keep the place, he or she will need to buy out the others. The niece has no claim to the property and no right to continue to live there. If your sister moves in before this dispute is settled, she should pay rent. And I hope you all have wills made out so your heirs don't have to deal with this kind of mess.
Answered on Aug 17th, 2013 at 12:59 AM
If there was no will or trust then the house would have to go through probate. If the house was worth more than $150,000.00 you would need to file a petition for probate. If it is worth less than that amount, then you could file a petition for succession. At that point, all of the heirs would be placed on title of the property. If the property has to go through probate then the party living on the property would have to pay the fair rental value to the estate. Those funds would then be divided by the heirs. However, all heirs can agree on what to do with the property or it may be best that the property be sold and the proceeds would get divided.
Answered on Aug 17th, 2013 at 12:59 AM
2 Awards
It will need to be sold. It needs to go through probate no matter what. I suggest speaking with a probate attorney as soon as possible as these things can get out of hand and create negative feelings pretty quickly.
Answered on Aug 17th, 2013 at 12:59 AM
Sanford M. Martin
If there was no will and the property was owned only by the deceased, the matter will resolved by a probate court. If the heirs are not able to agree, the court will decide. Usually, the heirs are able to agree which saves time and expense.
Answered on Aug 17th, 2013 at 12:59 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If one of you want to buy home they would have to pay the others their share, unless the others agree they don't want it. If you do not want niece living there and she will not leave you may have to start eviction proceedings.
Answered on Aug 17th, 2013 at 12:59 AM
3 Awards
This asset should be sold in probate. Since you do not agree that is best. Hopefully the executor agrees to sell, otherwise you will need to file a petition in curt to require that. I urge you to retain counsel.
Answered on Aug 17th, 2013 at 12:59 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Don't know who you are talking about: children or siblings, etc. You need to go to an attorney, get a probate case started and then figure it all out.
Answered on Aug 17th, 2013 at 12:59 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the assistance of a probate lawyer to probate the title to the house and compel a sale to divide the proceeds to the proper parties as determined by the probate court.; if someone does not want to sell then that person will need bid and buy the property at a fair market value.
Answered on Aug 17th, 2013 at 12:58 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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This is normally not a democratic decision, but in the absence of probate proceedings, it can certainly seem that way. Once a personal representative is appointed by the court, that person is the only one with legal "say" as to what needs to be done. You can certainly agree, ahead of time, on how things should be handled. Ideally, the person who does not want to keep the property could be bought out.
Answered on Aug 17th, 2013 at 12:58 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You will all be much happier if you sell the house, take your share of the proceeds and move on. If you try to own the house jointly there will be endless fighting over what is to be done with the property, how much is spent and by whom, and who will use the property. Sell it. Any one of the owners can sue the others for partition, to force the sale. Everyone will lose a lot of money that way, but it may be the only way. Anyone who lives in the house should pay the taxes, insurance, and maintenance, or pay rent to the others. Anything else is patently unfair. But I'm telling you, sell the house. If you don't, it's going to tear your family apart.
Answered on Aug 17th, 2013 at 12:58 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If there is no will, you will have to go to probate court. The property will be distributed according to state statutes.
Answered on Aug 17th, 2013 at 12:58 AM
Thomas Edward Gates
The niece has no standing, only the siblings. She cannot stay. You can offer the purchase of the house to a sibling, with the proceeds then divided between the other siblings. The sister does not have to wait in moving in once a decision is made. She should pay rent to cover property taxes, insurance and maintenance.
Answered on Aug 17th, 2013 at 12:58 AM
If you don't all agree then the court will have to decide. No one has the right to stay there now without a written agreement with the estate representative or a court order. You should consult a probate attorney to assist you.
Answered on Aug 17th, 2013 at 12:57 AM
In California, the house would pass to the children of the deceased parents and the niece would not get anything. If the new owners can not agree as to what to do with the house, then an action for partition, which could cost $15,000, would be necessary [house is sold and proceeds split evenly].
Answered on Aug 17th, 2013 at 12:25 AM