Legal Question in Wills and Trusts in California

family won't buy me out of house ownership

My father was a 10% interest of a house as part of an estate that was left to him in a will. He died without a will of his own and I am probating his case. The rest of the shareholders in the house do not want to buy me out. I need cash! What are my options? Can I force them to buy my portion out? They are being vindictive because they never wanted my dad to have this money. Can I petition to force sale of the house? What are my rights as a 10% owner? Thank you so much!


Asked on 10/05/07, 3:46 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: family won't buy me out of house ownership

You can threaten to file a lawsuit for "partition" which would exercise your right to have the place auctioned off. Since an auction sale would cause the house to sell for below market value, a letter from a lawyer ought to get their attention (and have you bought out at fair market value!)

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Answered on 10/05/07, 3:59 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: family won't buy me out of house ownership

Yes. You can file an action for partition which will force a sale of the house.

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Answered on 10/05/07, 4:16 pm


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