My mom passed away in 2012. My brother and I do not have a key to the house and my sister is dragging her feet to sell the house, which has increased in value. I asked her if I could buy her out and she said "No", not until repairs done. Can we force her to sell the house regardless of what shape it's in?
To protect your inheritance, please contact a probate lawyer who practices in the county in which your mother lived and died. In some states withholding a Will is a crime. If your sister does not produce the Will, the lawyer can help you file an application to determine heirship and become appointed the administrator of your mother's estate. If your sister does produce the Will, she is probably not eligible to probate (prove) it. Since you did not have access to it, you are. Then you will have authority to sell the house and distribute the proceeds according to the Will or, if there is no Will, the state's laws of heirship.
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.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.