Legal Question in Wills and Trusts in District of Columbia
wills
My great-grandmother passed recently. prior to her death I was her care taker and power of attorney. Her will states that the ownership of her house should be split equally between my her daughter (my great-aunt) and I. My aunt doesn't have a job and refuses to get one. She has no credit or name for herself, and she won't help me pay any expenses for the house. I was told that if I took her to court we would haveto sale the house and split the money or I may haveto buy her out. Is this true? Can she still be part owner of the house even though she refuses to help me?
2 Answers from Attorneys
Re: wills
Yes, your anunt is legally entitled to squat in the house which she now jointly owns with you, until either you file a partition suit and the court orders the house be sold and the sale proceeds split between the two of you(you could claim a proportionatey larger share, however, based upon costs/expenses associated with the property which you've disproportionately incurred), or you could buy your aunt out---but only if she's willing to sell her interest to you.
Re: wills
Yes, she can. If she's willing to sell to you, you may buy her out at an agreed-upon price. If she's not willing to sell you her share of the home, then your only option is to force the partition of your individual interests in the home by a court-ordered sale.
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