Q: How difficult is it to file a Partition action? We are co heirs of a home and don't get along with 3rd heir. He lives th
My father passed away in Nov, leaving his home equally to 3 children. My difficult brother lives in home and we can't be in the same room without an argument. He literally pulled a knife on us 2 days ago and I had an officer there today. It's volatile.He's lived there rent free 15 years and refusing to help list home for sale. I live in PA, other brother in NY. Only resolution is to sell home.
I had an original will making me an executor that I filed. He produced a 2nd will naming him as coexecutor with no other changes in will in terms of assets. Now we are waiting for a court date in Superior Court. I received an order stopping any and all distribution, sale, etc.
I'm hoping I can file a Partition request to be heard on this court date as well. Is this possible?
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A: Apparently Probate Court will decide who the devisees are. Then any of the the tenants in common can sue the others for partition. Titled ownership must be determined first.
A: It is not an easy action, as you must file it in court and would be wise to hire a good real property attorney.
A: Probably. It sounds like you should hire a good litigation attorney so you can maneuver this issue. It's not an easy one answer type of situation.
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