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    ohendo's Avatar
    ohendo Posts: 3, Reputation: 1
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    #1

    Jun 10, 2007, 05:16 PM
    Can beneficiaries force a sale?
    Two sisters share ownership of a home. One sister passes away, leaving her interest in the home to one of her daughters.
    Can this daughter force a sale of the home in order to obtain her inheritance?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 10, 2007, 05:22 PM
    It will depend on the states laws, but normally no. Now again they can stop the other person from renting it, or living in it. That is why of course many such homes sit empty for years and years.
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
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    #3

    Jun 10, 2007, 06:04 PM
    Fr Chuck, isn't the "interest" in a home dependent upon the deed? If the two sisters were indeed co-owners of the property, usually there is a right of survivorship. Unless there was a special clause in the deed that allowed each owner to leave their ownership portion to an outsider, the full ownership would transfer to the surviving owner. So, the deed would have to be looked at carefully. The interest left to the daughter may be on paper only and leave her with no legitimate claim to the property.

    Now, if the deed does allow for each owner to leave their portion to another, then it would depend on state law as to what can be done. The best thing to do would be to consult a real estate attorney in your area. There are some instances in which a sale can be forced. Without knowing more details, it is hard to say in this case.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 10, 2007, 06:35 PM
    Yes I am assuming that this deed was listed that way, for that share to be inherited,

    I was not questioning if that person even had a legal right to it,

    But yes, depending on how the deed was written, on many it is by survialship, if the one dies, the other owner gets full ownership and no one else has a claim to it.

    Since they said the other person was to inherit the others share I merely assumed ( my mistake) they already had checked this and new this was a fact.

    But yes, on many deeds it is common for the one person to die, that their heirs do not inherit anything, but the ownership goes fully to the other person left on the deed.
    bushg's Avatar
    bushg Posts: 3,433, Reputation: 596
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    #5

    Jun 10, 2007, 06:47 PM
    From what I have read up on this as,we are in the same situation, she can force a sale only after she gives the co-owner a chance to buy her out but this must be in contract and sent to her by legal means. Not just on her say :) at least in Ohio
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