QUESTION

I'm looking for someone to help with sale of home owned by my brother and myself, inherited through beneficiary deed from mother

Asked on Feb 22nd, 2022 on Estate Planning - Arizona
More details to this question:
My mother passed away on January 14, 2022. She named me and my brother as owners. I got the deed and death certificate recorded last Friday, February 18. My brother does not want to sell and does not have the money to buy me out. I cannot afford the liability of owning that home. It needs to be sold, so I need to know how to go about this.
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1 ANSWER

Estate Planning Attorney serving Phoenix, AZ
4 Awards
This is an unfortunate problem with beneficiary deeds. They accomplish the easy transfer of title easily after death, but do not address any complications that may arise if the beneficiaries do not agree. In your situation, you brother has to understand that his position is not supportable. Unfortunately you need to make him understand that and your talking to him is unlikely to accomplish what you want. I suggest engaging counsel to write him a letter explaining the facts that if he cannot buy you out, the house will have to be sold. He will also be responsible for the costs of the house while he is living there. I f he does not respond, a lawsuit to force the sale of the property is probably needed.
Answered on Feb 28th, 2022 at 8:21 AM

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