Elawyers Elawyers
Washington| Change
Asked in MA May 21, 2022 ,  0 answers

Estate Law

A mother dies and leaves her two daughters a 50/50 split of the home. The oldest daughter has been living in the home with mother for the last 3 years of her life. The younger sister tells the older sister to move out so they can sell the house without people in it. Is she allowed to do that? Can the executor/lawyer force that to happen? Does the older sister have a right to live in the home until it is sold?

Data From  LAWGURU_Question

3 Answers

Anonymous
Reply

Posted on / Apr. 20, 2010 09:02:00

I am sorry for your loss of your Mother.

You should consider retaining an attorney to negotiate a fair division of the equity in the home, title to which apparently passed as tenants in common to both sisters, such that either or both have a right as owners from the date of Mother's death to live there. Unless agreement can be reached, the one wishing to sell may have to file a Petition to Partition the property to force a sale if a buyout is not possible

Anonymous
Reply

Posted on / Apr. 20, 2010 09:02:00

I am sorry for your loss of your Mother.

You should consider retaining an attorney to negotiate a fair division of the equity in the home, title to which apparently passed as tenants in common to both sisters, such that either or both have a right as owners from the date of Mother's death to live there. Unless agreement can be reached, the one wishing to sell may have to file a Petition to Partition the property to force a sale if a buyout is not possible

Anonymous
Reply

Posted on / Apr. 20, 2010 09:02:00

I am sorry for your loss of your Mother.

You should consider retaining an attorney to negotiate a fair division of the equity in the home, title to which apparently passed as tenants in common to both sisters, such that either or both have a right as owners from the date of Mother's death to live there. Unless agreement can be reached, the one wishing to sell may have to file a Petition to Partition the property to force a sale if a buyout is not possible

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer