Legal Question in Wills and Trusts in District of Columbia
Unhappy Joint Sibling Inheritance of Real Estate
In 1997, my father willed a single family residence to 3 sons as follows: Son
#1 (eldest)- 1/2 share. Son #2 - 1/4 share. Son #3 - 1/4 share.
Deed has not yet been changed to show names of sons in place of name of
father.
Son 2 has resided in inherited home since father's death. He says that he has
paid taxes. He has paid no rent and is not supportive of the idea of selling
the property or of buying the shares of the other two sons. He drags his feet
and is hard to reach when discussion of the subject arises.
What legal steps can and should son #1 take to either force sale of jointly
owned property or force other son/sons to buy son #1 out?
3 Answers from Attorneys
Re: Unhappy Joint Sibling Inheritance of Real Estate
I believe that the only feasible option is to probate your father's estate and force the sale through an order of distribution. In other words, Petition for an Order Apppointing you as Administrator of the Estate and move toward a sale of the home through the probate court.
Re: Unhappy Joint Sibling Inheritance of Real Estate
Question one: was there ever a Probate on your father's estate? Why was the new deed never recorded?
Regardless, you have several options, depending on your desired level of force.
You could start with a self-written letter detailing your demand(s). Give the other siblings a certain and definate date to respond.
The next level up is to have an attorney send the same type of letter.
The next level would be to have an attorney send a Notice of Pending Action. This is a letter that states you are about to file suit and the resons for doing so.
The top level is filing a Partition by Sale Action. There are also other Notices, etc. that are filed at this same time to prevent any potential liens or other indebtedness taken against the property.
Our firm has handled several of these types of cases. Please feel free to learn more about our firm at www.No-Probate.com. If you would like additional assistance, I can be contacted through the website directly or at my office at 626-578-0708.
Scott Linden
Re: Unhappy Joint Sibling Inheritance of Real Estate
As a beneficiary of the Estate, you have the right under DC law to file a petition for removal of the current Executor of the Estate and to question/correct any Estate reports that are filed. As a co-owner of real property, you have the right under DC law to file a petition for a sale of the real property to your sibling(s) or to a ready, willing, and able third party buyer. As a co-owner of real property, you also have the right to file a petition for an accounting for rents. Further information needs to be developed in connection with the filing of such legal actions. There are a number of fact-specific issues under DC law that need to be carefully worked through concerning the Will, the administration of the Estate, any sale of the real property, and any accounting for rents. An experienced probate/estate and real estate attorney should be able to handle this under DC law. Please note that my legal services are available only with a signed engagement agreement in accordance with the Code of Professional Ethics applicable to attorneys licensed in the District of Columbia. If I can be of any help to you, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 12-28-2004, 11:10 p.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.
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