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My friends Mother just died. She had three grown children.

Customer Question
My friends Mother just...

My friends Mother just died. She had three grown children. Her youngest son, age 56, lived with her and took care of her. She made no special provisions so that he could continue to live in the house after her death. Are the two other sibling able to force the sale of the real estate while one of the he is currently living in it? Equal rights given to all three children.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: Has any paperwork been filed?

No, not yet. She did mention to him over a week ago that everybody had an equal share in the property, which is the only asset she had.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, not that I can think of

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/19/2017
Real Estate Lawyer: Richard, Lawyer replied 11 months ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,208
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Real Estate Lawyer: Richard, Lawyer replied 11 months ago

Good morning. If the mother made no provision for this youngest son, then the executor of the estate must distribute the home to the 3 children in undivided ownership interests. Once that is done, if the other 2 siblings won't agree to let the youngest son live there and the youngest son won't or can't buy the other siblings' interests in the house, the other siblings can force a sale by filing a suit for partition. When there are co-owners of property and one or more want to sell (Group A) and one or more do not want to sell (Group B), if Group B won't either agree to sell or purchase the interests of Group A at a price agreeable to Group A, then Group A can file 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.

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Real Estate Lawyer: Richard, Lawyer replied 11 months ago

Good afternoon. Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you! Richard

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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