Q: Can my siblings and I force a sale of the house we own half of? My step mom passed away. Her son lives there now.
Her will is in probate. We have no interest in keeping our half, we just want our monetary share. Once probate is settled, can we force a sale from whomever the probate court designates as the other half owner? And how do we do that? Should we notify the probate court before the probate case is closed, or should we wait until we find out who the courts assign the other half to? We presume it will be her son who is currently living in the house, (rent free). How do we force a sale? Thank you for your help.
A: If the house is not sold during the probate administration (which sometimes happens in order to pay debts and expenses), then hire an attorney to help you file a partition action against the other co-owners. Most likely the property cannot be divided (partitioned) and the court will order that it be sold and the proceeds divided.
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