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-   -   Can I sale my 3rd of a home inheritated and in a trust? (https://www.askmehelpdesk.com/showthread.php?t=583508)

  • Jun 22, 2011, 07:54 PM
    karrimarquez
    Can I sale my 3rd of a home inheritated and in a trust?
    Iam 1/3 owner of a home that my father left to us when he passed away in June 2008. My sister is the executor. The home is free and clear of any mortgage or liens. She goes back and forth between wanting to sale it or holding onto it "when the market gets better" I have always wanted it sold. I can sale my portion to a private investor or anyone interested in purchasing my portion of the house?
  • Jun 22, 2011, 08:29 PM
    AK lawyer

    The answer would be yes, assuming that you are in fact a 1/3 owner. However your statement that your sister is the executor of your father's will suggests that the probate estate has not yet been distributed, in which case the answer would be different. If the probate case is still active and the house hasn't been distributed, you may have difficulty selling your interest.

    The title of your thread reveals that the property is in a trust. That's something else again. If it is in trust, the trustee, I would guess your sister, would be the one to decide whether to sell, not you.

    The other thing is, can you find someone to pay you 1/3 of whatever it is worth? Probably not. Buying an undivided interest in real property, especially when the other owners are strangers, is normally a very bad idea.
  • Jun 22, 2011, 08:43 PM
    karrimarquez
    Im so sorry but I don't know what a "probate case" is? I do know that the deed is listed with the county as the Michael _ ________ Trust. Not in any of our (myself and 2 siblings) names. I know my sister knows even less than I do regarding this situation. I have a feeling she is renting out the house and or letting her family members from her mothers side live in the home. What can I do? I just really want out. Can I force her to sale?

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