Q: Can I buy my grandparents home that’s in probate court if my brother can’t come up with the money?
We are currently awaiting a court date. My brother is living in the home, has done some work on the home and refuses to pay me half the value of the home. The will states that our grandfather’s assets be divided evenly among my brother and myself. I’m thinking of purchasing the home if he doesn’t get a loan.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (931) 250-8585
- View Profile
- Answered
A:
This depends somewhat on how the will is worded. If the will requires the sale of the home and division of the proceeds, then that is what needs to happen. You can be the buyer with court approval.
If the will just says you each get half, then when the probate is completed you two will end up as co-owners. If your brother refuses to sell to you then you can sue him in what is called a "partition action" to obtain a court order to force the sale.
1 user found this answer helpful
A: Because the Will declares that the assets are to be divided evenly between yourself and your brother, the home should be sold in a manner that brings the most money into the estate. Many times, that means selling the home to a family member because there are no selling costs incurred when simply transferring the house to one of the family members. If you and your brother agree that he can buy the home, congratulations. If your brother cannot obtain financing, he should offer the same deal to you. IF he refuses to do that, you should ask the probate court judge to order him to make the same offer available to you.
1 user found this answer helpful
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.
