Legal Question in Wills and Trusts in Trinidad and Tobago
Hi
My mother was named executor as well as joint owner to a property over fifteen years ago. The other owners all live aboard and they place a tenant in the house all those years. Could you say what steps to be taken for her to gain access to or sell the property . She has a deed for her1/3
1 Answer from Attorneys
The fact that your mom has a deed with her 1/3 share indicates the estate was probate and the property assented. Your mom has to assert her rights to the property. She has the right to occupy, collect 1/3 of the rent, and can request that the other co-owners purchase her 1/3 share at current market value. If that fails she can file an action in court against the two other co-owners to have the property sold on the open market at current market value and the proceeds from the sale divided equally among the owners plus her 1/3 share from the rent collected (less all reasonable expenses).
Anand Seepersad 786-3240 [email protected]
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