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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36208
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My 98 year old grandmother left her estate divided equally

Customer Question

My 98 year old grandmother left her estate divided equally among her four daughters who are all over the age of 75 and none in the best of health. The estate consist of two properties. In one property, my aunt has lived for the four years since without paying any rent. The second property consist of 11 acres and a dilapidated house on a main highway. All taxes and insurance are paid out of a checking account with another aunt's name on it.
My mother no longer lives in the state of Georgia and wishes to received her portion of the estate in cash to pay for her ever increasing medical needs. How do we going about forcing the hand of the aunts who refuse to sell? I only foresee this situation getting worse if one sister should die before all this is settled!
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Mother's recourse here is to file a legal suit called a "partition action" in court against the other owners of the property so that the judge will order a public auction of the properties and mother can "cash out" her interests. This is an absolute right that can not be denied.

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However, mother will need to talk to a local real estate attorney where the property is located to get him to assist with filing the partition action..

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thanks

Barrister

Customer: replied 1 year ago.
Is mother entitled to rent from the sister for the past four years and to her portion of the checking account that taxes and insurance have been coming out of?
Expert:  Barrister replied 1 year ago.

She could argue that sister should pay 3/4 of the fair market rental value to the estate and that she is entitled to 1/3 of that money, she could file that motion along with the partition action. As for the checking account, if that was in aunt's name then it would not be an estate asset and is solely owned by the aunt.

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thanks

Barrister

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