Legal Question in Wills and Trusts in Washington

What if I want to sell?

My brother and I inherited our Dad's farm and everything on it 50-50 split. We both live here. Brother in the main house, I in a mobile home where my family and I have been for 11 years on a hardship. That hardship case is now between DB and I since he is disabled. In a nut shell, I want to sell this farm (it's been assesed for a nice price) and move my family forward. My wife and I have been here our entire marriage to help Dad. Problem is DB doesn't want to sell, at least not for about 7 years. He cannot buy me out and of course no one else wants to buy half interest in land. This isn't really a profitable arrangement for either of us to continue. We do not have a good history between us and He could yank that hardship at anytime leaving my family without our home. We could legally move into the main house since I now own half but oh what an ugly picture and I just as soon not go there. I heard that while this estate is in probate, I can petition the court to either order DB to buy me out (not an option) or to agree to sell. Is this true and if so, would the sale go through us putting it on the market to get what it's worth or would we be forced to put it on the county auction block for bottom feeders to bid on?


Asked on 3/02/07, 3:47 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: What if I want to sell?

You can petition the court for an order requiring that the property be sold. In effect, that's a partition action. Doesn't require your brothers agreement, requires him to follow the judge's decision.

You could also consider doing a subdivision so that each of you owns a total interest in one-half of the land, though. Check with your county planning department to see if that's feasible.

The sale would be held however the estate can decide is best and sell for the market rate. It's not a fire sale.

This *really* is not self-help law. Get a referral from your county Bar and spend some time talking with a lawyer in your area who does real property and probate law.

Hope this helps. Elizabeth Powell

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Answered on 3/02/07, 4:46 pm


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