If 3 siblings inherit a house, and one wants to sell it, can she force a sale in order to get her inheritance?
sceptimist Tue 15/07/08 00:29
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If the remaining two cant afford to pay out the third then the property will have to be sold to make the division of the assets. If this is important am sure the remaining two could get financial help from a mortgage company.
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Question Author
ta for quick answer, terambulan.. yes, the other 2 can't afford to buy her out, so the house needds to be sold. however, one doesn't want to sell; so can she FORCE a sale?
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Assuming there was a will, it is the job of the executor(s) to apply for probate and, once granted, deal with the estate. Its the executor's job to do what the will says - not what one of the beneficiaires wants. So the executor is in control of the situation - not the sibling. But if the sibling wants cash and not one third of a house, that is what the executor is going to have to deliver. That means selling the house.
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Question Author
ta buildersmate;
to clarify, the siblings are also the executors. at present, one wants to sell. one doesn't, & the third wants to delay, maybe for years. so a majority would delay a sale at least. is there any way one can force the sale so she can get her inheritance in a reasonable time? (there's already been a year since the death).
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Yes, apply to court for an Order of Sale
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Question Author
thanks Ethel, that's as far as i'd got myself, this "order of sale" thing. so do you have any more info/suggestions on that, eg how long a delay in sale is unreasonable, cost of court process, etc?
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