Posted on: 27th Feb, 2011 09:00 am
My mom's home was left with no one named as heir so it
was I guess ,jointly left to me and my brother. Verbally she made it known she wanted me to have it but she was afraid to put that in the will. She was afraid of my brother. So she made no provisions for me.
I have paid all cost associated with the property since she died. My brother has paid nothing.
(At least $3000.00). The property at best value right now might be worth $45,000 if sold. Minus commision.
If we are lucky.
Both parents wills have been signed now and put thru the probate process and turned in to the Probate judge to probate from the parents name. (It was neve done when the dad died so it had to be done twice.)
Now t is ready to be deeded.
The problem is:
My brother refuses to agree to draw up a deed to transfer ownership to us both. He refuses to communicate with me at all.
He refuses to call me back or answer emails.
He refuses to make any of his wishes known.
He is playing mum.
I believe he is holding out hoping I will get frustrated and
buy his part out and give him the money. And
take care of it for him as the parents propoerty has no centimental value to him anyway.
After realizing this,
I kindly offered to agree to sell and give him half of
the property if he would help me get it ready.
Help clean it and hire a real estate agent. Fine.
I live in another state so going there is not easy for me
and he knows that. But he refuses to talk to me or do anything.
He is avoiding me all together and I am willing to work with him. Since this is not a legal matter but more of a sibling rivalry, is there anything I can do to force disposition of this property?
I do not want my parents property to fall down or be forced in to public auction one day due to delinquint taxes. But I cannot keep paying everything either just
because he is holding out for money?
Any advice?
was I guess ,jointly left to me and my brother. Verbally she made it known she wanted me to have it but she was afraid to put that in the will. She was afraid of my brother. So she made no provisions for me.
I have paid all cost associated with the property since she died. My brother has paid nothing.
(At least $3000.00). The property at best value right now might be worth $45,000 if sold. Minus commision.
If we are lucky.
Both parents wills have been signed now and put thru the probate process and turned in to the Probate judge to probate from the parents name. (It was neve done when the dad died so it had to be done twice.)
Now t is ready to be deeded.
The problem is:
My brother refuses to agree to draw up a deed to transfer ownership to us both. He refuses to communicate with me at all.
He refuses to call me back or answer emails.
He refuses to make any of his wishes known.
He is playing mum.
I believe he is holding out hoping I will get frustrated and
buy his part out and give him the money. And
take care of it for him as the parents propoerty has no centimental value to him anyway.
After realizing this,
I kindly offered to agree to sell and give him half of
the property if he would help me get it ready.
Help clean it and hire a real estate agent. Fine.
I live in another state so going there is not easy for me
and he knows that. But he refuses to talk to me or do anything.
He is avoiding me all together and I am willing to work with him. Since this is not a legal matter but more of a sibling rivalry, is there anything I can do to force disposition of this property?
I do not want my parents property to fall down or be forced in to public auction one day due to delinquint taxes. But I cannot keep paying everything either just
because he is holding out for money?
Any advice?
Hi dkljscott,
You can contact a real estate attorney and he will take the required steps in order to communicate with your brother and sell off the property. If your name as well as your brother's name is mentioned on the property deed, then you can go for a partition lawsuit wherein the court will order the sale of the property.
You can contact a real estate attorney and he will take the required steps in order to communicate with your brother and sell off the property. If your name as well as your brother's name is mentioned on the property deed, then you can go for a partition lawsuit wherein the court will order the sale of the property.