QUESTION
What do we need to do if we want to sell a house which is in a life estate?
Asked on Sep 14th, 2013 on Estate Planning - Washington
More details to this question:
My sister put my mother’s house in a life estate. With it being in my mothers and seven siblings names. However, it has been almost 2 years since mothers passing, and the house is still in limbo. The two that are in charge of this and one other refuse to sign off on title unless they get at least $5,000.00 extra a piece. Is there anything the rest of us can do about our mother? This as no one is paying the taxes either? What can we do to see that it is sold and split evenly seven ways?
13 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will have to go to court to get the sale completed.
Answered on Nov 04th, 2013 at 10:34 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain yourself probate litigation attorney to file a petition to partition the property to sell and divide the proceeds and come to an agreement about dissolving the life estates.
Answered on Sep 17th, 2013 at 7:09 PM
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Good luck. Probate would have been easier! And less expensive! If there is no agreement a quiet title action would need to be filed. 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 17th, 2013 at 6:25 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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Talk to an attorney about filing a partition lawsuit which can force the sale of the house. In Missouri, the co-owner bringing the lawsuit has the right to attorney fees so see an attorney to be the first one to file.
Answered on Sep 17th, 2013 at 3:58 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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File a partition lawsuit. It would be a very good idea to get a local attorney who practices real estate law or civil litigation to help you. Please be aware that the judge could still give some of your sisters more than the others, to make up for money those sisters have spent to improve or maintain the house.
Answered on Sep 17th, 2013 at 2:37 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can file a petition asking the court to order a sale of the property and for an accounting from the people that have been managing the property.
Answered on Sep 17th, 2013 at 2:37 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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I would file an action for partition. The court will order a sale.
Answered on Sep 17th, 2013 at 1:29 PM
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Hire an attorney and file for probate and a partition action if necessary. Don't wait and don't try to do this on your own. If attorney fees and costs are an issue, I am sure you can find an attorney who will work with you on them, but this has gone on for too long to wait any longer.
Answered on Sep 17th, 2013 at 1:29 PM
See an attorney, if a majority of the owners want to sell and divide the money equally, the court should order it if this is not done by the people in charge.
Answered on Sep 17th, 2013 at 1:28 PM
Sanford M. Martin
If you and your siblings cannot agree to a settlement, the only alternative is probate court represented by a lawyer.
Answered on Sep 17th, 2013 at 1:28 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Without seeing the deed in question, it is impossible to say. You should have a lawyer review this. There may not be a way to accomplish what you wish, short of agreement by your sister.
Answered on Sep 17th, 2013 at 1:26 PM
File a petition in probate court or any other court with jurisdiction and ask the judge to order the house to be sold, that all proerty and estate taxes be paid, and that the remainder be split equally between the siblings.
Answered on Sep 17th, 2013 at 1:26 PM
Thomas Edward Gates
The house is no longer in a life estate since your mother has passed. The two asking for a extra $5,000 are no do anything extra. You can go to mediation and try to get the matter resolved. The fact you are not paying taxes may resolve the issue for you since the county can seize it and sell it for back taxes.
Answered on Sep 17th, 2013 at 11:28 AM