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.
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!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.