QUESTION
What are my options if I am one of the heir of my late parents but was left alone with the maintenance and taxes?
Asked on Sep 23rd, 2013 on Estate Planning - Missouri
More details to this question:
My sisters and I share ownership of some real estate as the heirs of my late parents. However, the financial burden of maintenance and property taxes has been left on me alone. Financially I cannot continue and I am in a position that I need compensation for the last 5+ years of investment. What are my options?
12 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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You should be sharing the costs of these items with the other owners of the property. You should calculate all of these expenses and seek reimbursement from them. If they cannot reimburse you for these expenses then maybe you should sell the property and then recoup the amounts you have paid over the years from the proceeds before distributing the remaining proceeds to each sibling.
Answered on Sep 26th, 2013 at 9:11 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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How is the property owned? Is it still in your parents' name? Was the will of the second parent to die submitted to probate? Or did they make you joint owners with right of survivorship? First, answer these questions. Then, if you and your sister are currently in title to the property, you should sue her for partition. This will result in the sale of the property and, hopefully, reimbursement to you for the expenses you have incurred.
Answered on Sep 26th, 2013 at 5:09 AM
Unless you told you sibling that you expected to be paid back, you probably can not sue them. You can threaten and then in fact not pay the taxes or maintenance; you will be hit with a penalty but it might be worthwhile. Suggest to them that you all sell the property. If they disagree you with have to file a petition of partition, which could cost up to $15,000 if they oppose it.
Answered on Sep 26th, 2013 at 4:54 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Sell the property and make a claim in the escrow for recovery of your out of pocket expenses. However, if this was a trust, you may be compelled to file a petition into probate court for a partition action so as to compel your sisters to join you in the sale of the property.
Answered on Sep 25th, 2013 at 1:12 PM
Thomas Edward Gates
Have your sisters repay and then work out an agreement. You can also let the property go into foreclosure if they will not agree to assist in payments. They would object if you put the property up for sale.
Answered on Sep 25th, 2013 at 1:12 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You can file for a partition action to force your siblings to allow you to buy out their interests or to sell the property. You are entitled to reimbursement or a "credit" for the expenses that you have personally paid.
Answered on Sep 25th, 2013 at 1:11 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sue them for their share or petition the court to be allowed to share the property and take their share out of the proceeds.
Answered on Sep 25th, 2013 at 11:52 AM
You are entitled to reimbursement of your payments. Tell your sisters that they must reimburse you and start contributing to all future payments or you will stop making them and the real estate will be lost. The solution might be to sell the real estate.
Answered on Sep 25th, 2013 at 10:46 AM
2 Awards
You won't get compensation for the last 5 years. I suspect you lived in the property? Your option is to get your sister to agree to start paying or sell the property.
Answered on Sep 25th, 2013 at 10:24 AM
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It sounds like you may have resided in the property. If so, you may be probably solely responsible for those costs. Maintenance, repairs, taxes, may be a form of rent. It may be that you and your sister need to sell the property. Unless you both share the use of the property, or neither of lives there, if you had possession, in equity you are responsible for those costs. If you shared it equally then you would share those costs. Seek legal counsel who can review the specifics. 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 25th, 2013 at 10:02 AM
I assume that you have already talked with your sisters about sharing the expenses and reimbursing you for your past payments and that is not a possibility. Your options range from finding ways to get some (more) income from the property to cover these expenses to selling the property and after deductions for the past expenses, splitting the income between you and your siblings.
Answered on Sep 25th, 2013 at 9:28 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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You have the right to be compensated for your share of the expenses. If the real estate is rental property, and it appears that it is not, you have the right to get paid out of the monthly rents. You need to make demand on your sisters for the compensation. Please do it as soon as possible. If they will not pay and the only way to get paid is to sell the real estate, see an attorney about a partition lawsuit so the property can be sold to cover your expenses. Your sisters need to understand that they cannot depend on you any longer to pay the expenses without compensation. They cannot receive the benefits without equally being liable to the expenses.
Answered on Sep 25th, 2013 at 8:02 AM