QUESTION
Can I keep a house if the other sibling wants to sell
Asked on Jun 25th, 2021 on Wills and Probate - Oregon
More details to this question:
I have 3 siblings and our father recently passed. The house is in probate and I am currently the executer of the estate. Probate has been filed and I do have an attorney but he cant necessarily give me a clear answer on WHAT would happen if I wanted to keep the house, and the other one sibling wants to sell? At the end of probate is it possible to just pay out the lawyer and close probate without selling? If all 3 heirs go onto the deed/title of the house, and I want to keep living in it for another year, can those 2 siblings force me to sell?
1 ANSWER
2 Awards
As Executor you must either sell the house if that is needed to pay the debts or record a distribution deed from you as exxecutor to all of the beneficiaries under the Will. Only then may you buy out your siblings and keep the house. you and your siblings cannot reach an agreement on price, they can file a Suit for Partition, forcing sale to a third party at fair market value. If you squat in the, you can be evicted and replaced as executor and may owe your siblings, not to mention what this will do to family harmony and to your reputation. Not a recommended course of action.
Answered on Jun 26th, 2021 at 5:15 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.