Legal Question in Wills and Trusts in South Carolina

Can brother force me to sell home?

My brother and I are equal beneficiaries of my mother's estate. I am the Personal Representative. Having been unoccupied for over a year, the home was in a deplorable, rat, roach and snake-infested condition. This is when the appraisal was done. I paintd, cleaned up and threw out with no assistance from my brother. Now that it is a cozy little home, my brother wants to force me to sell it at the present value, and put me on the street, refusing to allow me to buy out his half as agreed previously. Can I be forced to do this? Thank you in advance.


Asked on 1/18/99, 1:19 pm

1 Answer from Attorneys

Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: Can brother force me to sell home?

You and your brother are bound by the terms of the Will. If you and he cannot agree how to manage the estate and dispose of estate assets, then the local Court will assist you. Additionally, if you have provided services to the estate, you may be entitled to compensation for your services. You should consider filing a claim with the Court where the estate was opened.

That said, it is better if you and your brother can come to an amicable settlement. You should consider hiring a competent estate lawyer to assist you.

Bernard Greenberg

B.H. GREENBERG & ASSOCIATES

2305 E. Arapahoe Road, Suite 234


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Answered on 1/27/99, 4:58 pm


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