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selling inheritance home with partiction lawsuit

Posted on: 20th May, 2011 04:46 pm
I have 4 brothers, and we are all join heirs of a condo that is not selling. There is no mortgage. One bully brother thinks that we will lose HIS inheritance if it is priced at today's market value . I feel it is an excuse for him staying in the house. He has lived there for 4 years rent free before the passing of my parents. He moved with them when they sold their big home which he lived with them for 23 more years rent free. He has money to move out and get a job but refuses to do either.

It has been on the market now for 240+ days and is about 20,000 dollars too high. Can I do a partition lawsuit to lower the price and force the sell.

His presence prohibits showings in staging the house due to junk cars and he locks his bedroom. He follows the realtors around and argues with them. I feel that he is inhibiting the sale of the condo.

Can I do anything. Everyone else is in agreement to lower the price except one brother who doesn't want to have a say. The trust said that we must have mutual agreement.

Thanks Julia
Take it to court. Seems like only way to resolve in your case. Was there a probate involved? If not file the partition and have the courts decide.
Posted on: 20th May, 2011 04:50 pm
Hi Julia,

I think you should consult an attorney in this regard because taking him to the court will surely solve the problem but if the work is done with mere legal notice from an attorney will do a big impact and you may not have to approach the court...

Feel free to ask any further queries if you have....


DIPA
Posted on: 20th May, 2011 08:41 pm
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