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    debbiepaschall@sbcglobal.'s Avatar
    debbiepaschall@sbcglobal. Posts: 1, Reputation: 1
    New Member

    Oct 16, 2005, 10:35 AM
    property split
    we inheriated property when my fatherinlaw died.everything has already cleared probate.our questions are 1-the proty is now tenants in common between the two brothers,they both are 50% owners equally.the willstated sellat fair market value at the time of death which both brothers didn't do for at least a year after his death.the r.elater contract ends feb 1/2006the one brother has decided not to sell.2-can he force us to by him out or can we get the property split right down the middle in equal shares?3-i guess what im trying to find out is we want to stay and there is enough property to split equally.we don't care which side he wants.can he force us to by him out or because he was!! The executor does he still have rights as a executor since probate is finished? all this could have been done during probate but he dropped the ball till everything was finalized.4-can he make us buy him out or can he sell the property without my husbands consent please helphe keeps saying we have to buy him out.we don't want all the property just a little portion of what dad said.
    thanks for any help leading us in the right direction

    the wrights
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534

    Oct 16, 2005, 06:09 PM
    He cannot sell the property without the other owner's consent. Both of them would have to sign the deed in order to sell the property. Since the will required that the property be sold, you can file a lawsuit to force the other brother to comply with the terms of the will. Another option is to file a lawsuit for partition, where the court will require that the property be sold and the money divided according to the will. One more option is for both brothers to apply to have the property subdivided into two separate lots. I strongly recommend that you retain an attorney, since there are several options available to you. An attorney in your area would be able to tell you which option would work best in your case.

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