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View Full Version : How can a 2 Bedroom house be divided among 5 children inheriting


sardini
Nov 18, 2010, 01:38 PM
None

LearningAsIGo
Nov 18, 2010, 01:39 PM
Can it be sold with profits split equally?

sardini
Nov 18, 2010, 01:54 PM

tickle
Nov 18, 2010, 02:01 PM
You are not exactly explaining the particulars, but if all five people are at odds about the inheritance and division of property, and that is the only option. Especially when the inheritance has not been claimed by all five (how can five people benefit from this if the house isn't sold). Is it a stipulation of the will that this be done by the courts?

You see, little information does not give a factual answer. Even if you did give this information, not being privy to all the particulars would not be able to answer properly if it is a court sale/auction.

Tick

tickle
Nov 18, 2010, 02:05 PM
Found your first post regarding the same issue, sardini. You can't ask a question without giving particulars and even your second attempt didn't give enough.

Tick

sardini
Nov 18, 2010, 02:55 PM
% crazy persons have inherited a house. They will in no way compromise on anything. One of the five ( me) wants to go to court and ask the court to solve the problem by a court order to auction the real estate and divide among these five idiots.

Is the question simple enough? Would I be successful in requesting the court to rule the auction of the house?

tickle
Nov 18, 2010, 03:25 PM
sardini does not find this helpful : no, all I am askingis that 5 idiots have inherited a house and will not agree on anything, PERIOD

Okay, why was this not bloody well helpful ? At least I gave you more information then what you have received so far. I think you owe an apology very soon. You know sardini, we are all volunteers here, we give up our time to help people the best way we know how, so your comments need some explanation.

Tick

tickle
Nov 18, 2010, 03:28 PM
Okay so we know what you want, and we have agreed, a court ordered auction is the best venue. Do you want to comment that this is not helpful as well ?

joypulv
Nov 18, 2010, 03:35 PM
OK, I'll risk a no vote too.

If all 5 don't agree, the house sits accumulating taxes and utilities, which all 5 owe. They also lose interest on the income from the sale for each month they drag it out. If some want to keep it, they have to buy it from the others. Is there no executor?
Type a list of dollars lost each week, month, year of expenses incurred + interest income lost. Sometimes that works. If not, hire a lawyer.

Fr_Chuck
Nov 18, 2010, 03:40 PM
Several things can happen, first did the house go though probate, ( it is suppose it, unless all 5 were already on the deed)

But yes, in court ( where it most likely should go to become the property of the 5) the court will decide what happens to it.

So yes if you want to sell and the others do not, you can go to court to either force a sell or force the other four to buy out your share

sardini
Nov 18, 2010, 04:13 PM
Thank you for your response. It sounds like we are both frustrated. How soon should I apologize? If you are a volunteer in your heart, you should expect nothing in return, like Mother Teresa !

ScottGem
Nov 18, 2010, 04:39 PM
First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedback/using-comments-feature-24951.html

Before jumping in to a site like this it makes sense to browse around a bit and see how the site works. You were way off base with your negative ratings and comments. You gave no real info for us to answer and then criticized those who tried to help.

So if you want us to help, you apologize without sarcasm and you answer the questions we have asked so we can provide answers. Has the will been probated? Is there an executor? Is the executor one of the heirs? Is the house the main asset of the estate?

tickle
Nov 18, 2010, 04:58 PM
I am thinking the confusion arises because this house is not in the United States, but somewhere else. Europe. Maybe OP can let us know. That would change the perspective.

Tick

AK lawyer
Nov 18, 2010, 09:11 PM
We know that 5 people, including Sardini, have "inherited" a house and cannot agree among themselves. I am assuming that by "inherited", Sardini means that they are the intestate heirs of the decedent. Either that, or the decedent left his/her property, including the house, to them by will. It is not clear whether a probate petition has been filed, as it should be.

This is not a big problem. If it is in probate, the personal representative should simply sell the house and, after decedent's debts, and cost of probate administration have been paid, give each his/her share of the net proceeds. Probate administration normally requires some period of months to give creditors a chance to file their claims. While you are waiting, the PR could consider renting the house to someone. All of this is up to the PR.

But it is normally not wise to give a house to a number of relative strangers, some of whom may not live in the area or want a house. It is best to sell the house and divy up the proceeds. Normally the PR has authority to do that. Or, in some places, he/she would need a court order. It shouldn't be a problem in either case.