Legal Question in Wills and Trusts in New Hampshire
5 siblings inherit vacation home in NH from deceased mother in 2003. Mother stated in her will that any party not wanting ownership should be excluded from the transfer and their share be divided among the other siblings. All siblings agree to retain full ownership. Six year later, one sibling wants to sell to their proportionate share to other siblings. Other siblings do not want to buy out the one sibling. Can the sibling wanting to sell their proportionate share force the sale of the home inherited from Mom?
1 Answer from Attorneys
If title is held in the names of all of the siblings, and one wishes to separate from the group, the legal action is called a "Petition to Partition." That allows the court to determine if the property can be subdivided. In your case, that's not likely. The court then has the authority to have the property valued and, if the parties can not agree, sold and proceeds distributed. I would recommend that you meet with an attorney to review the deed and any supporting documents.
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