As 3 siblings, what are our rights to our parents’ house and property?
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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 8 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.
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