Asked in Family Law, Elder Law, Landlord - Tenant and Probate for South Carolina

Q: Is there any way I can keep my father's house?

My father passed away recently. He signed a will on his deathbed naming 4 family heirs with the executor as my brother, who has already decided to sell the house despite my protest and sentimental attachment. I offered to buy out his shares and he was not interested. He's also convinced my mother with Alzheimer's to agree to sell. She is too disable to understand that she we cannot survive without this house and thinks she can live in an apartment by herself (She can't even walk without assistance.) He has also stated he wants us to leave the house as soon as possible so he can rent it out. He only has a 21% share. Is he allowed to do this as the executor? Can I sue him, can the cost of the suit come from the estate? This is in South Carolina. Thank you.

1 Lawyer Answer
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN

A: You can always buy the house from the estate.

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