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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 117460
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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5 of us inherited my mom's house in Durham,NC. 2 brothers

Customer Question

5 of us inherited my mom's house in Durham,NC. 2 brothers want to sell and 3 of us do not want to sell. One of my brother's has lived with my mom all of his life in this house. He is 60. Do we have to sell this house?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: We are in Durham, North Carolina
JA: What documents or supporting evidence do you have?
Customer: We can not find the notarized statement that my mom had leaving the house to the five of us. Therefore we don't have documentation.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 7 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If some owners want to sell the house but the majority do not want to do so, the owners who want to sell can sue in court to either force the remaining heirs to buy out their share of ownership or force a sale of the property through the court. So, if the two heirs want to sell, to keep the house and avoid a court battle, the remaining 3 heirs would have to come up with some payment to the two members to buy out their ownership interests and obtain a quit claim deed from those owners to remove them from the deed. If you cannot or do not buy them out they can sue in court to force a judicial sale if they choose to pursue legal remedies.

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