My mother is an alcoholic and has upset her two brothers. She and my nan, her mother are very concerned that my nan's property, which she wishes to be sold at the point of her death, will not be split fairly between the three of the children, my mother, brother a, and brother b. It is a worry that the property will not be sold, as the two brother's intend to rent out the property. Can they do this to her, or cabn my mother force the sale of the property?

Your grandmother can specify in her will that the property is to be sold upon her death and the proceeds split evenly between all three siblings. It's critical that she name an executor (or "personal representative" as it's called in some states) that she can trust to follow her wishes.

What country?
Generally someone(s) is named executor in a will, and that person makes sure that the will is executed as desired. The estate goes through probate court to make sure that debts are all paid and that heirs come forward, and assets are gathered together on paper for a final accounting before being distributed. Your 'nan' can appoint your mother executor if she wants (or a lawyer or a bank, when children are fighting) to make sure the property is sold. She can say in her will that the property MUST be sold before probate is final.

As long as someone named as an inheritor of the building, he or she can force 'partition' or sale of it, but may have to hire a lawyer to do so.

Your nan should have another chat with her lawyer about all this.

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Originally Posted by joypulv

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As long as someone named as an inheritor of the building, he or she can force 'partition' or sale of it, but may have to hire a lawyer to do so.
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As I understand what OP wrote, none of the three children is to inherit the building; it is to be sold and the proceeds divided among them. If the brothers intend to take over the property and rent it out after her death, either:

• one or both of them would have to be the executor named in the will; or
• they will be trespassing.

And, since they will not hold title to the building, partition will not be an option.

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Originally Posted by AK lawyer

As I understand what OP wrote, none of the three children is to inherit the building; it is to be sold and the proceeds divided among them. If the brothers intend to take over the property and rent it out after her death, either:

• one or both of them would have to be the executor named in the will; or
• they will be trespassing.

And, since they will not hold title to the building, partition will not be an option.

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AKlawyer, The reason I mentioned what I did was because the grandmother may think her will says to sell the property but it may not. When my father died, I too thought his will said that because he had said it did (and with all the upheaval of taking care of him, I was in no frame of mind to sit in front of him poring over his will) - but after reading the usual mumbo jumbo that goes on for pages and pages (after he died), I realized it didn't. It said the executor decided, who happened to be my sister.

Quote:

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Originally Posted by joypulv

AKlawyer, The reason I mentioned what I did was because the grandmother may think her will says to sell the property but it may not. When my father died, I too thought his will said that because he had said it did (and with all the upheaval of taking care of him, I was in no frame of mind to sit in front of him poring over his will) - but after reading the usual mumbo jumbo that goes on for pages and pages (after he died), I realized it didn't. It said the executor decided, who happened to be my sister.

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I can only believe what OP suggested, that the will specifies the property will be sold. But yes, hopefully OP will read all of which we have written, including your advice that "Your nan should have another chat with her lawyer about all this."

As I take it there is currently no will. So the grandmother may not have a will. It is perfectly legal however, for the will to instruct that the property be sold and the proceeds distributed. So unless "nan" has such a will, she should consult an estate attorney immediately to prepapre a will that will fulfill her wishes.