Q: If siblings can't buy each other out, can a lien be put on the property by a sibling wanting to get off the TOD title?
Properties were titled on death to siblings. Of the siblings on the title, most want to keep the property/not sell. The other wants off the title. A buyout is not possible at this time. Sibling wanting off the title and doesn't want to stand in the way of other siblings keeping property but wants to not lose possible inheritance. (1) Can a lien be used as a placeholder to guarantee payment of share of property if it is ever sold? (2) Does it get the sibling's name off of the title that wants to be off and just add the lien? (3) Can any of this be done with e-filing to courthouses in Indiana? (4) What kind of an attorney is needed or can this be done without an attorney?
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A: Most liens must be generated from a judgment. Hire an IN attorney to prosecute a Partition Action, as without agreed conveyances a forced sale is usually the only solution.
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