Can I get the court to force my sister to sell our mother’s house?

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Can I get the court to force my sister to sell our mother’s house?

It has been 2 1/2 years since our mother has died. The house needs to be sold as is and our sister wants money from us to fix up the house to sell it.

Asked on August 3, 2013 under Estate Planning, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and for the problems that have resulted.  A little more information is needed here to determine the next steps.  HAs the estate been probated and the proeprty transferred to the heirs?  If the answer is yes then the heirs can file a partition action against your one sister (this is an action that ass the court to split the asset but in the case of real proeprty that generally means it is ordered sold and the proceeds split) if you have a basis, and if it is a financial hardship it could be the basis. You can also ask your sister to buy you out.  If I have not interpreted the question properly please let me know.  Good luck.


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