Legal Question in Wills and Trusts in North Carolina

As the Personal Representative of my parents estate in NC I was forced of property after 18 years so 2 siblings could sell estate. No sale for 8 months now. Can I return to my home or force the siblings buy me out?


Asked on 6/04/12, 3:50 pm

1 Answer from Attorneys

If you were the personal representative, I do not understand how you could be "forced" out of property. If the estate has been probated, then, assuming you all have a share in the property, then you could bring what is called a partition action against your siblings and force them to buy you out.

While no sale has occurred, there are lots of detqails left out of your post. Where is the land located? What type of structures are on the land? How many acres are there? Was the home actually put on the market through a realtor? Could it be that the land just is not selling even the property was on the market? Or did the siblings just "force" you out and do nothing?

You also do not indicate what happened with the probate. Again, I do not understand how you could have been forced out when you were the executor. You could have sold the property or asked the court for permission to sell it if a sale was necessary. If it wasn't necessary, then all of you had a right to be in the home if you were all beneficiaries. If you were not a beneficiary, then you had no rights to be in the home at all just because your parents allowed you to live there during their lifetime.

There are too too many questions here. You need to sit down with a probate attorney if this is still in probate. If not, then you need a real estate attorney to review what was done and see how best to help you.

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Answered on 6/04/12, 10:10 pm


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