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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My parents both passed away. They still owe on their home so

Customer Question

My parents both passed away. They still owe on their home so I want to rent it to be able to make the mortgage payment until I can figure out what to do with it. What do I need to do legally?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

Can you provide me a bit more information? Did your parents have wills? Are you the sole beneficiary? Thanks?

Customer: replied 1 year ago.
they had a will. They signed everything over to my sister and me. My sister immediately moved in the property (which was fine with me.) She was to make the payments but twice I found out she had not been and the home was going to be foreclosed so I had to catch up all the payments. She has now moved out of state and it is sitting empty. We filed the appropriate papers but I wasn't sure what they meant and if I could rent the place w/o an issue. Thank you.
Expert:  Richard replied 1 year ago.

Thanks for following up. If the title is in your name and your sister's name, then as an owner, you have the right to rent the property. And, you don't have to stuck being a co-owner with your sister. If you decide you want to sell the property and your sister will not agree to the sale or to buy your interest for an amount acceptable to you, then you can force the sale by filing a suit for partition. The result of that suit will be one of the following: i) if the property can be equitably subdivided, the court will order the property divided into smaller parcels with each owner then owning 100% of their own smaller tract with full control over that tract; or ii) if the property cannot be equitably subdivided, the court will order the property sold and the proceeds divided. Since a house cannot be divided, the court will order the house sold. The reality is that in most cases, once the owner fighting the sale finds out the certainty of the result of a suit for partition, that owner typically agrees to the sale without the suit to avoid the costs of the suit.

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