“I inherited a house, but my brother or sister won’t move out!”
- Did your mom or dad die, and then your brother or sister moved into their house and won’t move out?
- Did your mom or dad record a “Beneficiary Deed” stating that when they die, you and your siblings are to receive the house?
- Did you inherit a house together with your siblings, and now you want to sell it? (But they don’t want to sell it.)
If the answer to any of these questions is “Yes,” then you need to talk to an attorney familiar with probate and real estate law. Feel free to contact me if the house is in Arizona. I’ve been handling cases like this since 2001.
It’s possible that your parent’s estate needs to be probated. (That would be the case if the house is still in your mom or dad’s name.)
The situation I often run across is when a family owns a house together. What we usually see is one family member takes control of the house, and let’s people live in it rent free. You want to be able to sell the house, but you would need to get your siblings to cooperate. (And they won’t cooperate because they’re getting a sweet deal by living in the house rent-free.)
The solution is to ask the Court to partition the property by sale. “Partition by sale” is a technical way of saying that the court will order the property to be vacated and sold. But be sure to hire a lawyer familiar with these types of cases. There are lots of little tricks that inexperienced lawyers won’t know. For example, you can get a court order saying that the property gets sold, but your lawyers needs to think of other details such as:
- Who will sell the property?
- Do the people currently living in the property need to leave?
- Who gets the contents of the house?
We will get paid out of the sale of the house. Even if you don’t have money to pay a lawyer right now, there’s still a solution. Some lawyers (like me) are familiar enough with these cases that we will take your case and get paid when the house sells.
Your own situation is unique, and this article was not intended as specific legal advice. In order for me to help, you will need to contact me. We will sign a written fee agreement.
Paul Deloughery is an estate and probate litigation, and law insurance dispute consultant in Scottsdale, Arizona. Visit his website to read more of his blogs or follow him on Twitter!