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Nate, Attorney
Category: Estate Law
Satisfied Customers: 10686
Experience:  Over 10 years of legal estate experience.
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I owned a property in SC with my mother who passed away June

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I owned a property in SC with my mother who passed away June 2012. She died intestate and property is near the end of the probate process.
The property was owned as "Tenants in Common" therefore my mother's 1/2 ownership in the property will be divided between 4 heirs (including me). There is a small mortgage on the property ($46K) and I have been making mortgage payments since her death.
My sister and I both want to sell the property once probate is complete, however, we anticipate some opposition from the other 2 syblings. Can we sell the property?
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

Selling the property would require everyone to sign the deed to transfer it to the buyer. If the other two siblings refuse to agree, then there is a dispute as to how the property is to be used. To settle the dispute, you would have to go to court. Anytime there are joint owners of a piece of property and there is disagreement, the law states the property should be sold and the proceeds (after paying the mortgage) are to be split based on each owner's percentage ownership of the property.

You would also be entitled to reimbursement as to the mortgage payments you have been making on the portion of the property that is not yours, which would be 37.5% of the payments made since your mother died. This would be paid prior to the money from the property being divided.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.


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