Legal Question in Wills and Trusts in Delaware

Estates

My grandmother passed away in 2004. Her house was left to myself, my mom and uncle (1/3 each). My mom was living there (always has lived there) and a month after my grandmother passed away my uncle moved in. In 2007 my mom was very ill and moved in with me and my husband. The deed states ''my uncle's name & my mom's name & my name''. Just this week he changed the locks on all the doors. Since he does not pay rent is he allowed to keep us out of the house? My mom payed half the bills for 1 1/2 yrs even though she didn't reside there but she did pay half the taxes. The house is payed off so no mortgage. Since me and my mom own a majority of the house can we force him out and sell? My uncle is the executor of the will.


Asked on 4/23/09, 9:30 pm

1 Answer from Attorneys
Edward Pankowski Edward Pankowski, Jr. Esq

Re: Estates

you and mom have 2/3 of ownership as tenants in common with uncle. You should request him to sell you his 1/3 interest for the going rate. This is the easy way, once you agree on price it is a simple deed preparation and filing ($200 item) If no agreement you must petition Chancery Court for partition, more lenghty and expensive, we recommend plan A. We have been doing real estate/probate matters in Delaware since 1978. Ed Pankowski

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Answered on 4/24/09, 10:43 am


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