Q: What papers do I file when one heir is living in home rent free and won’t move out or sell? Will in probate years
Co-executors can not agree on a price to sell the home and one is living rent free for many years and wants to keep the home. There are 4 people involved two get 1/3 and two get 1/6 of the home and the rest of the estate. The will has been in probate for over two years. I want to fill a petition so the judge can force a sale and possibly get back rent. I want a judge to do a full account of the estate, I think. Also, see about hidden assets, things that never got listed on an inventory.
A: Either a co-executor or a tenant in common can file an action for a partition sale. The home may or may not be in probate. You need a competent attorney to do this. The personal property assets are probably lost at this point. But a good attorney should be able to force a sale.
Nina Whitehurst agrees with this answer
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