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ivedoneitagain | 2 sons,1@Home 1Not. When I die they share the estate, can the son who lives away force the house to be sold? |
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 |
 
loveholio
 |
that depends on how they legally share the estate. there are different rules when it comes to: joint tenancy, tenancy in common, etc. |
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harry
|
yes if it is between the two , or he could ask his brother to pay him his half of the house value |
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raven_sunn
|
yes ive seen it happen |
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dr. obvious
 |
he can force the other son to buy out his share of the house.
if son A wants to sell and son B doesn't, son B has to pay son A approx. half the value of the house. if his only way to raise that money is to sell his share of the house, than so be it. |
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vindezeal
 |
depends on how the will is written. |
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lozzielaws
 |
No. if they share the estate, they both have to agree to a sale. One brother could buy the other one out if they wanted. |
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akelaamy
|
The house can be called an object and listed in the will to prevent that. The estate can be funds - cash....
From experience the more that is listed the easier it is when the time comes....
hoping you have a long life....... |
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topdog
|
it needs to be written into the legacy that the one who lives in it has the right to stay there for a set period it cannot be sold before this time without mutual agreement. this is complicated and you need a lawyer to iron out the detail. |
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Kara Thomas
 |
my mom is a reltor but i have no freakin idea what u just asked |
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newmexicorealestateforms
|
You should check to see if your state has deed upon death statutes, if they do your concerns are all anwered. If they don't set up a trust in where you deed the property to the kids as undivided interest that way if one wants to sell all they can sell is the percentage of their interest. |
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ben b
|
The house is an asset, and as such, has a cash value.
Asset splitting (post will) is common, and experts are called in to give values. It is only cash value, that matters, as actual chattles are seldome fort over, just their value!!!
The force of sale is a foregone outcome, unless, you specifically leave the house to the resident son, and cash to the other. |
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thanxsuze
|
ask the lawyer. |
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gtofinancial.tomvoli
|
It totally depends on how you set that up in your will / trust. |
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justmmez
|
Yes he can, he's a beneficiary. You should really think about leaving your estate situation taken care of the way u want because after there will be problems between them because of the estate. Believe me this happened our family after our parents passed on. Money and property always brings a problem between families and it's not nice. I didn't believe this but it happed to us. |
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pat.rob00 Chef U.K.
|
I am in the same scenario, but my parents have made a clause in the will that as long as i live here , my brother cant force a sale.
When i do decide to leave the proceeds will be split. |
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aimiejs77
 |
If they disagrre on what to do with the home it could go into litigation and a judge could force them to sell it. If the one who lives at home wants to keep it he will have to pay the other what half of the estate is worth and then will be sole owner. It is probably best to talk to them about your worries and perhaps come up with a solid plan that they agree with BEFORE your passing to avoid possible problems between themin the future. |
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Leah M
|
If they don't agree, one could buy out the other's interest in the house. But unless you specify something in the will about this particular situation, if the one who wanted to keep it didn't want to buy out the other brother, they would probably have to have it settled in court... |
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Green Eyes
|
Have a clause added to your will that forbids the house to be sold unless both of your sons agree to do so, if you NEVER want it sold, have that put in your will, adding it will go to charity and neither will inherit if they ever try to sell. |
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Blue Rose
|
you should refer this ? to an estate planning or real estate lawyer. Have a will prepared that will state so long as the one child still resides there he has the right to remain. He would have to negotiate with his brother and by his brother's interest in the property. This can be very costly. Call your local bar association (free) for an referral for an Estate planning Atty. |
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margaretswett@sbcglobal.net
 |
If your intention is for the one who is home to receive the home to live in then you can specify this in your will. There is no rule that says you have to immediately give half to the son away from home but if you think that eventually you want this son to have half of the profits from this home then make it so in your will that if the home is ever sold you want him to share in the profits. In other words, specify exactly how you want things shared and I am sure the court will order it so. Also, a non-partisan executor would be recommended if you suspect any sibling problems to occur. Prayers =) |
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stripemaster2005
|
unless the one at home can buy his half |
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?
|
Yes, if they both have equal interest in your will |
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Rachel Maria
|
Yes. And as long as you agree that they share the estate, in your will, that is the way it will be. Wise up if you want a different outcome. |
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Jayne 2 (LMHJJ)
 |
make a stipulation in your will saying that the son who lives at home is allowed to stay in the home for a certain amount of time, but he would have to pay rent to the other son (half of what he would pay if they both rented it out) |
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GOLDILOCKS
|
The one living in can buy the other out !
If not, the one living out can force sale!
You must tie all that up before you GO otherwise the only ones gaining are the solicitors ! |
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Groo
|
take legal advice, this is not a question for here |
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sosgez
|
Split it 51/49% |
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open4one
|
If your Will only says they share everything equally, and doesn't prevent one from forcing a sale while the other still wants to live there, then yes, one can probably force it to be sold through a "partition" action.
You can put in there that one cannot force the sale as long as another wants to live in it, but to be fair, consider whether or not the one living there is obligated to pay any rent to the other, who has to pay the taxes, and do they share maintenance costs.
Think about the possibilities. Prepare for them. That's what a Will is supposed to do. Be sure it does. |
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misyid
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No! they BOTH have to agree!, if one wants to sell but the other doesnt then its tough, they both have to say..yes lets sell it!!thats for definate.
hope this helps |
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