Legal Question in Wills and Trusts in New Mexico
My father's will equally splits all his property including his house with a mortgage (but with significant equity) between my sister and myself. My sister and I are also named as co-personal representatives of his estate. She is currently living in the house as my father is failing physically and mentally in an assisited living facility. He is currently paying the mortgage and fees associated with the upkeep of the house. My question is what options will I have concerning my half of the equity from his property when the time comes to execute his will. My sister refuses at this time to sell the property even though it is my father's wish that the property be sold. He appears not able mentally to force the issue.
TGHuntsberger
1 Answer from Attorneys
If the disagreement continues following your father's passing, either some solution can be engineered by which your sister purchases your 1/2 of the equity, or legal action may be required to force the sale of the house
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