Legal Question in Wills and Trusts in Kentucky
House inheritance, sell or keep, siblings don't agree
My mother passed away with a will that left her home to the three daughters. Two of the three siblings want to sell the house and one may not. I read the question pertaining to waiting and that answer was sufficient. But what if the sibling not wanting to sell actually wants to live there (she does not live there now)? Would she be liable for rent? Or could she be forced to buy the other two's shares?
2 Answers from Attorneys
Re: House inheritance, sell or keep, siblings don't agree
If the other two siblings agree to accept her as a tenant and pay rent, she may do so, but if she wants the house outright, she would have to buy out her sibling's shares of the property.
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The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
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Re: House inheritance, sell or keep, siblings don't agree
Normally one of the co-owner siblings can bring a "Partition" action resulting in a sale of the house regardless of whether the rest want to sell or not. All of the siblings have a right to occupy the property. The will may have some restrictions on this. You need to discuss this with an attorney on a one on one basis. Bring a copy of the deed and the will with you.
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