Legal Question in Real Estate Law in Indiana
Tenants in Common
My parents left me and 3 siblings 32 acres of farm land and another 2 acres with a house and outbuildings on a major highway. My problem is that a brother-in-law is renting out both parcels and keeping the money for himself. How can he be made to disclose and distribute the income he receives from these properties?
2 Answers from Attorneys
Brother-in-law keeps all the receipts
I would consult an Indiana lawyer and ask him to bring an action for an accounting against the brother-in-law. The remaining siblings must join as Plaintiffs or, if they choose not to join, as Defendants. Hint: it is always better to sue than to be sued, from a credit standpoint, if nothing else.
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What's holding you back?
Why not 1) go to (or better, send someone in the businessof getting these records) to the courthouse to get a copyof the title (and the will if the title is still in yourparents), then 2) go to the properties, introduce yourselfto the tenants, show them the paperwork and ask them what they're paying, and how long they've been paying that?
That's just a little detective work. Then leave. Then writethem each a letter telling them that their check(s) for rent must be in all 4 names or they'll be facing eviction for non-paymentof rent.
That's one way to start the rent coming in a little bit quicker.
Meanwhile, you hire a local attorney and bring suit against brother-in-lawto ask HIM for the same info and for the back rents he (and I suppose yoursister) have been keeping to themselves.
Don't be surprised to get a little of this attitude: we did all the work ofmanaging the place(s), getting the calls when the xxxx didn't work, writing the checks for the tax, blah, blah, blah. I see it all the time. It's usuallycrap because for the money they collect (which is often less than what professionalproperty managers or a family committee might get out of the same property, due toa little too much familiarity), many people would gladly be doing that job.