Knoxville, TN asked in Estate Planning, Real Estate Law and Probate for Tennessee

Q: I want to sell my deceased mother house but I have siblings

They can't buy me out and refuse to sell

1 Lawyer Answer
Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: First, if the title to the house has not already been updated to your names, you need to take care of that. A probate attorney can help you with that.

Then you can hire a real estate litigation attorney to file a lawsuit to force a sale and divide the proceeds among you. This is not particularly difficult but it is expensive and those costs will come off the top, reducing everybody’s share. Also, when a property is being sold pursuant to court order it usually fetches a lower sale price then when the property is sold in the usual fashion. So it is in your siblings’ best interests in the long run to cooperate with a voluntary sale.

Anthony M. Avery agrees with this answer

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.