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MY BROTHER AND I INHERITED OUR DAD'S HOME AS HE PASSED AWAY…

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MY BROTHER AND I...

MY BROTHER AND I INHERITED OUR DAD'S HOME AS HE PASSED AWAY ON MARCH 5TH 2017.BROTHER WANTED TO WAIT 6 MONTHS BEFORE WE DECIDED WHAT AND HOW TO PROCEED. We are now stuck without movement because brother refuses all attempts from me to figure out who will buy out the other. we both want to own the house individually and buy out the other...but which one ends up owning it? Consequently we are both losing money and the house sits empty. Being that I live in the same city, and state, as the "house,"...... and my brother lives in Texas, I take care of lawn mowing, water,etc....because I am close. How do I get him to move on this? I have suggested and tried communicating but he shuts me down and refuses to talk to me. I even suggested ( out of desperation)to cut a deck of cards, and the high card wins the opportunity to buy out the other. Where do I turn? What can I do to press this issue? We are each losing money by not renting this or by not having the sale of the house finished.

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

I live in Colorado Springs, Co and the house is also in Colorado Springs, CO

Lawyer's Assistant: Has anything been filed or reported?

No...I do not have the money..$5000.00 retainer for a lawyer ...and brother won't even discuss.

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

I think with the rental market and the real estate market being so hot in this area......we must be losing about $1600 to $2000.00 per month. I am starting to "hate"my brother because he has been so unreasonable about this whole process. I know we have both been in deep mourning and it took me a while as I bounced back and forth between selling, living in it, and buying my brother out.....which frustrated him. AS it stand now we both want to own it individually and buy out the other.

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
12/21/2017
Real Estate Lawyer: legalgems, Arbitrator replied 6 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,647
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 6 months ago

My sympathies for the loss of your father.

Generally if 2 heirs cannot agree there are 2 options:

1. file a partition and request a buy out. This can be done as a self represented party but this requires custom drafting the litigation papers. Samples are available at the local law library or online (some for purchase but we can't provide referrals).

2. attempt mediation. Some cities offer free mediation through the local courts. This can help reach a solution that both parties are comfortable with.

The parties may wish to consider renting out the property as co-owners.

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Real Estate Lawyer: legalgems, Arbitrator replied 6 months ago

Hello Again;

If you have any questions on the above please post by this evening so I can respond tomorrow morning; otherise I will be out of the office for a few days; of course upon my return you can also follow up then.

Enjoy your holidays, and thank you!

If no further questions kindly rate positively but if questions remain, ask away!

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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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