Albuquerque, NM asked in Probate for New Mexico

Q: If my father died with out a will, and both siblings want to sell his house and I do not. Can they still sell the house?

There are 3 children all together. Both Older sisters live out of state and want to sell the house. I live in state I moved to care for my father and do not want to sell the house.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: Assuming there is no surviving spouse, each of you as siblings have 'equal' priority to begin probate. The situation you are in actually is common, and lends itself to a 'simple' solution. Assuming two want to sell, and the third doesn't, the third can 'buy out' the other two siblings' interest. This is done all the time, and often the siblings 'swap' other assets rather than there being a required cash payment.

I'd urge you to consult with a local probate attorney to determine what you need to do to get probate moving, and how to best evaluate the house value to determine buy-out figures and what adjustments can be made in lieu of cash payments, etc.

Working together the three of you should be able to come to an agreement, but be sure to hire local legal help to insure this gets done right. The "recording" requirements are different state to state, and the time line and procedures vary too.

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

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