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
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Crossville, TN

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

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.