Dear Quentin, My mother passed away three years ago and left the house to my brother, my sister and me. What little was left in her bank account was distributed among the three of us.
If he wants to continue living in the house, my feeling is he needs to get a loan on a fair appraisal for the house, and buy both my sister and me out. Trespassing and possession laws vary from state to state. You and your sister are listed on the deed, so you are legal co-owners of this house, and you don’t have a landlord/tenant contract with your brother. Tread carefully, and with the advice of a lawyer.
In Florida, “when two or more beneficiaries are entitled to distribution of undivided interests in any property, the personal representative or any beneficiary may petition the court before the estate is closed to partition the property,” the state’s probate law says. The threat of legal action is a powerful tool, and can be used as a last resort. You want this house sold and the profit divided among all three siblings equally. That’s what your mother wanted, that’s what it says on the deed, and any court in the land would back you up on that.
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