Legal Question in Wills and Trusts in Maine
Home inherited 50% to 4 people and 50% to one
My question my father left 1/2 of a home to his 4 children and the other half belongs to his sister. We have no idea what rights we have. The property is to be sold. The sister wants us to all sign power of attorney to her and I am not comfortable doing that. Does it not give her the right to do what she sees fit without any input from me? Can't the property just be put up for sale and then the money split??
1 Answer from Attorneys
Re: Home inherited 50% to 4 people and 50% to one
The 4 children and your father's sister apear to be "tenants in common". (I'd have to see the deed you got from the estate to be sure.)
No matter how small the percentage of interest, each tenant in common has an equal right to use and enjoy the property, and it requires the consent of all tenants to sell, mortgage, lease the property.
There is no way for one tenant in common to make the others do anything. The only remedy, if you can't agree, is to bring an action for "Partition" in the court. This will result in the property being divided, or sold and the proceeds divided. However, it takes years and costs a lot, so tenants in common usually reach an agreement after consulting their separate attorneys.
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