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Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 55801
Experience:  Licensed attorney helping individuals and businesses.
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This is a complex situation involving many family members. I

Customer Question

This is a complex situation involving many family members. I will try and make a long story short.
A few of us family members own a property together. The property was originally owned 1/2 by my mother and 1/2 by my aunt. My mother passed away and left her half interest in the house to my brother and myself. Then my aunt passed away without a will, and the deed is still showing that the property is owned by my brother and myself, and my deceased aunt. The property consists of two apartments, one of which is occupied by cousin (my deceased aunt's son). He is unable to work and is collecting disability. He is afraid that if he has the deed changed to show him as an owner, along with my brother and myself, that the government will take away what little bit of money he is now living on. He has a sister, who is married and wants no part of the house. My brother and I want out of this entire situation. We want to sell the house and take whatever money we can get, but my cousin does not want to move out of the house, so we are legally bound by this property and see no way out.
The situation as it stands also has my brother and i wondering what happens if anything should happen to us? Our names are ***** ***** deed, along with our deceased aunt.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Infolawyer replied 1 year ago.

Normally when property is co owned, and some want to hold title those parties will buy out the others. If not possible the next step would be to force the sale by involving a lawyer or suing in court. If something happens to you, your share would pass to your heirs which you can control by providing for in a will or trust.

Expert:  Infolawyer replied 1 year ago.

Kindly let me know if that is clear and helpful

Expert:  Infolawyer replied 1 year ago.

If I can clarify anything, of course, ask me.

Customer: replied 1 year ago.
Neither my cousin, nor his two sons. can afford to buy my brother and me out. I can't sue my own relatives. My brother's children do not want the property, and I have no children to leave it to, nor would I want to burden anyone with this nightmare. I don't know what else to do.
Customer: replied 1 year ago.
You didn't answer my additional question.
Customer: replied 1 year ago.
Kindly opt out.
Expert:  Infolawyer replied 1 year ago.

The only options are negotiation, litigation, or submission by everyone to mediation to reach a resolution. If something happens to you, your share passes per your will. Kindly let me know what else I can address or clarify. I apologize for the delay but for some reason I only now was prompted of your replies from yesterday.