As 3 siblings, what are our rights to our parents’ house and property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
As 3 siblings, what are our rights to our parents’ house and property?
Both of my parents have passed away. My brother has moved into their house and refuses to move. He said that my mother gave him the house and property but there is no Will. He also refuses to buy my sister and i out.
Asked on November 7, 2016 under Estate Planning, Louisiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the house has not yet been transferred into your repective names, the excecutor has the right to make your brother vacate the premises. Once the house is put into all of your names, then you andyour sister will have a legal remedy. This is an action available to co-owners of property when they cannot agree as to ownership matters, such whether or not to sell the property. Such an action allows for the division of the property if it can be physically divided. When division would be impracticable, as in your case, a court will order a "sale in lieu of partition" and mandate an equitable division of the proceeds among the joint owners. However, before doing so, it would permit a co-owner to purchase the interest of the remaining co-owners at fair market value However this can be a costly and time-consuming process. Perhaps once your brother is informed of the realities of the situation, he will come around regarding the sale.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.