Q: 16 siblings was life part of my Father’s estate, we are in a deadlock on how to distribute property. We have to pay taxe
16 siblings were left part of my Father’s estate, we are in a deadlock on how to distribute property. We have to pay taxes and keep up with City codes. We have tried establishing family meetings and voting. Some members will not participate in the voting and will not help with paying taxes and other expenses. They have taken properties and claimed it as their own and will not adhere to any of the plans. What can we do to make the meetings and motions binding? We are in a deadlock
A: You can hire an attorney to file a partition action and force sale of the property.
Phillip William Gunthert agrees with this answer
A: If each of you siblings only owns an undivided interest in the property, the remedy would be an action for "partition". But it appears that you may have taken the reasonable step and put the property into a LLC or corporation. If that is the case such meetings and motions, if done properly, can be binding.
Phillip William Gunthert agrees with this answer
A: You file a probate related to the properties and estate and or you file for partition, possibly having an attorney explain that a forced partition will be great but just at great additional time and expense which will impact what everyone receives in the end may help wise people up to the smart, timely and right thing to do, if not, a forced partition will ultimately remedy this mess with everyone ultimately getting substantially less. As far as costs and taxes and expenses, anyone paying these should keep records and reimbursed as part of the probate and or partition of the property. You need to decide if a probate is needed first and then followed by a partition, short of a court getting involved, it is not likely you will ever get 16 siblings on the same page otherwise.
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