Check out some similar questions!

romies · Jan 12, 2011, 08:14 PM

My sibling & I inherited our dad's GA. Home "equally". When my father passed away my sister was living with him due to pending divorce/financial problems. She is the executor & she mentioned that she wanted to stay in the house & "possibly" buy out my part.
#1 - She & her husband have forclosed on their own home, therefore I doubt she has the money to buy out my share.
#2 - Can they just stay there rent free for as long as they want?
#3 - Due to the foreclosure, can the creditors come after them even though the house is also in my name?
The house still has about 2 more months in probate but I would like to have an idea of what's ahead.

Fr_Chuck · Jan 12, 2011, 08:40 PM

Before you settle probate, you need to reach an agreement, as to what is going to happen with house,

You can ask and require it be sold in probate ( or ask for it) and see what judge will order.

If she wants to buy it, there needs to be a written agreement on, first who is going to be paying the current loan, and you should be getting some rent for her living there.

Now you will owe 1/2 of the monthly payment, so what she pays as rent may sort of wash out what you pay.

You need your own attorney to work though this

romies · Jan 13, 2011, 03:41 AM

When you say ask for it before probate is settled what would happen if I don't? I assume it will be more difficult? This concerns me because she makes it seem we can't discuss anything until after it is probated because it is not legally ours. There is no mortgage on the home it's paid for in full so the only thing due would be the taxes. I'm renting my home and I'm a single dad so I could benefit from any proceeds from the home. My attorney somewhat knows of the situation but did not mention we needed to have some sort of "agreement" beforehand. Thanks for the input, I was trying to avoid any kind of rift within the family but I needed to know where I stood in the situation.

ScottGem · Jan 13, 2011, 04:44 AM

The whole purpose of probate is to settle the estate. When the process is done the estate is settled and everything is ended. So yes, you have to make any motions to the probate court before the estate is finalized.

As Executor she needs to keep you informed about the process.

Even if the lender of her foreclosed home goes after her share, they can't go after your share.

You can also petition the probate court to require that she pay a reasonable rental to the estate. Not sure if you will win, but you can try.