Gilbert, SC asked in Real Estate Law, Estate Planning and Probate for North Carolina

Q: My father passed away last yr. I have a question about the estate and my rights. Can I make my sister move off property

the property was willed to the 3 of us. however my sister has moved into home not paid rent to me or my brother, nor paid the property taxes.

She wont let myself nor my brother on property unless she is there and we still have personal items to be devided between us. She told me I have to get a petition to get her out then we can come onto property.

2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Estate Planning Lawyer
  • Knoxville, TN

A: It appears no Probate has occurred, and this might be a good candidate for such a procedure. Probate Administration is expensive and lengthy, but that is probably the only way to really resolve the situation. Hire a competent attorney and do not forget about the taxes, which might be construed as an administrative expense.

Ben Corcoran
Ben Corcoran
PREMIUM
Answered
  • Estate Planning Lawyer
  • Yadkinville, NC
  • Licensed in North Carolina

A: I have to disagree with Mr. Avery's assessment of this situation. While probate may not have occurred, that would not change the situation. I have not seen the will or the deed into your father, and until a lawyer has seen both of these documents, any advice is just a guess and not an accurate statement of the law.

My guess that the three of you own the property as tenants in common, which means that you cannot force her to pay rent but also means that she cannot prevent you from entering the property. My guess is also that she is responsible for 1/3 of the taxes, with you and your brother being responsible for the remaining 2/3.

I always advise my clients not to leave property to family members jointly for this very reason. The best solution going forward is getting one sibling to buy out the other two, and if that fails, then filing for a partition sale.

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