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
Nina Whitehurst
  • 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

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