[jobea]

My daughter and I inherited from my father... property house (50/50) he passed 2011 she resides at this home with her husband and five children and has no intention of leaving , she has agreed to make mortgage payments and taxes. I would like her to buy me out, according to her it is out of the question ! Financially she is unable to. So I told her we should sell the house then... Her response... she has disowned me I am no longer her mother does not answer phone calls or door in my fathers will the house and all the furnishings inside and out was to be divided 50/50 she has not applied to this, she is the executor and says no when I ask for anything please help me... how do I benefit?? Thank you

[Fr_Chuck]

This is a issue for probate before the new deed is issued. Probate can force the sale of the house, or force her to buy it from you.

[AK lawyer]

If she refuses to honor the terms of the will (or the intestacy statute if there is no will), she can be replaced as personal representative. Has a probate case been filed and has she been recognized by the court as the personal representative?

[ScottGem]

As indicated, you have to go to court. What court and how you proceed depends on the status of the probate case of the estate. Of course if you sue her and/or cause her to lose her home. You can probably kiss any hope of repairing your relationship goodbye.

You indicate there is a mortgage on the property. Do you know how much equity there is in the property? If she has been paying the taxes and mortgage for the last 3+ years, do you realize that is cutting into your share? Lets say, for example, the property is valued at $100K, with a mortgage balance of $70K. It would only take $15K to buy you out. But, lets say the Mortgage payment is $500 month and the taxes $3K a year. So she has been paying that for 3 years. That means she has paid a total of $27k. Half of which you owe which is $13500. So now it only takes $1500 to buy you out. Now these are made up numbers, but you need to do the math. You may find that it wouldn't take that much to buy you out. It might even mean that her paying the mortgage and taxes is essentially buying you out.