Legal Question in Wills and Trusts in Louisiana
one heir does not want to sell
The only two heirs to my ex-husband's estate were both listed as co-executrix. I don't understand what is going on because one does not want to sell the property. It is my understanding that no monies will be distributed until the property is settled. Is this correct? If it is correct than this makes very little sense as $140,000 is waiting for distribution since January pending on the settlement of the house. Can one force the other to sell even if the other party is co-executrix? What steps can be taken to settle this?
1 Answer from Attorneys
Re: one heir does not want to sell
When parties own property in indivision, any one of them can file suit against the others to have the property partitioned, either by sale or in kind, e.g. each gets an equal portion of the property in his or her own name. With a house, one would look to sell it and divide the proceeds.
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