My sister and her family have been living in our parents estate property for 4 years without paying rent or taxes. My nephew and I filed a partition suit over two years ago and we have been demanding of the attorney that they begin to charge rent so the taxes can be paid. Nothing is being done and the property is near foreclosure due to the unpaid taxes. I am willing to rent the property until it can be sold so there will be rental income coming in.

From what you say here, I don't see that you have grounds for eviction. Whom does 'the attorney' represent? Why is probate taking so long, as well as partition? Was there no will? Who is executor? What state?
What you can do is pay the taxes to forestall foreclosure (if sale of the house will more than cover mortgage debt + taxes) and sue for reimbursement when the sale is made.

If they are the other heir, there is nothing you can do, until you get this into court.

You should be abel to make them pay 1/2 of the taxes.
Why is it taking so long to settle.

Whatever you do Keep documented récords of their share that they Should be paying so that when you do get to court or the estate is sold you will have proof of what should come off their share of the estate.

You and your nephew have asked the court to order that the property be sold (that is what a partition suit means)? Are you represented by an attorney in this partition action? If so, why hasn't your attorney filed a motion to require that rent be collected?

If, as you say, the property belongs to your late parents' estate, that suggests that there is a probate case pending. If so, the partition should be decided in the probate case, I would think.

Has a probate petition been filed? If not, why not?

Has the probate been concluded? If that's the case, it's not property of your parents' estate, it is property of the heirs including you and your nephew (and your sister, I imagine). In that case, you or your attorney needs to get on the stick and get a court order requiring that the property be sold (or that each party pay his or her pro-rata share of the taxes). If the parties to the partition suit (including your sister) are co-owners, they cannot usually be required to pay rent.

Also any question on law needs to include your general local as laws vary by area.

You said "the property is near foreclosure due to the unpaid taxes". That is not an accurate statement. A foreclosure happens when there is a loan on the property that is in arrears. The lender will then foreclose on the property. If the problem is unpaid taxes, then the property will be sold by the county at a tax sale or auction.

It appears that you have a very unclear understanding of what is going on here. The above statement is just one example. The fact that you want to evict someone who is potentially an owner is another indication.

The first thing you need to do is get all the facts straight. You need to know whether the estate is still in probate and what is the status. You need to know whether there is a mortgage on the property and the tax status of it. You need to know who is the executor of the state and you need to know who the attorney represents.

So get the facts straight and let us know so we can advise you.

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Originally Posted by ScottGem

You said "the property is near foreclosure due to the unpaid taxes". That is not an accurate statement.

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Actually, it might be accurate. Many states provide for property tax liens, and foreclosure of the same by the local government which collects such property tax.