Legal Question in Wills and Trusts in Trinidad and Tobago
Good night, my mom and dad passed away but they had no will maid they had 10 kids in together. now the siblings in the home cannot live harmony due to constant arguments and fights. six out of the 10 kids want the house to go to court and ordered to sell and the value be split between the 10 of us, but the other four disagree. can you please advice on the steps we can take to sell the house (IF POSSIBLE). And if if possible what might be the estimated duration period it might before if can be ordered to be sold. thank you in advance for any advice given
1 Answer from Attorneys
Whose names are on the deed? If the property is still in the names of the parents then Letters of Administration must be done and the property assented to the 10 children. It is only when the property is in the names of the children can they sell.
Anyone with a share in a property can request his/her share. If the property can be partitioned then partition is the first option. In this case partition may not be possible therefore the sale and distribution of the proceeding of sale in equal shares to the owners is the solution. The six can ask the unwilling four to purchase their interest following a valuation. If not then an application can be made to the courts for an order for the sale of the property and the distribution of the money.
This request can only be made is the property is in the names of the children. If not then Letters of Administration must be done.
Anand Seepersad 786-3240/271-2690 [email protected]
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