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Can I sell property that was left only to me by my mom in her will if my siblings are living on the property?
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Can I sell property that was left only to me by my mom in her will if my siblings are living on the property?

This is a bit complicated. About 25 years ago my dad purchased some acreage after legally separating from my mom. He passed away before the divorce went through but left a hand written will signed by 3 witnesses leaving me the property. My mom tore up the will and moved on the property into an old mobile home shortly after he passed. About 4 years ago 2 of my siblings purchased a double wide mobile home and put it on the property allowing my mother to move in with them (home is titled in siblings name only). My mother has now recently passed away leaving a will stating that I am to inherit the land. It does not say a thing about my siblings staying or leaving. I have recently purchased acreage of my own and have no use for the property left to me. How do I go about selling the property? Or can I since my siblings are still living there? Can I make them move their mobile home to sell the property? I have talked to my siblings about this and they say i am SOL. they say since mom lived with them in their home it is up to them when and if they move it (this is not stated in the will my mother left). The property is the only thing willed to me. My siblings were named as beneficiaries in a large insurance policy(received more each on insurance policy than property is worth)


You can make them move their trailer and sale the property. However, one option you have is having them buy you out. Then they may use the property however they wish. Another option you have you can simply keep the property and rent it to the siblings. That way it is pulling an income to take care of taxes and any maintenance it may need. no matter what this is a bad situation. Speak with a lawyer they can help you with all the details. If the property is in your name it is yours and it is your right to do with it whatever you please. Good luck.

Yes you can sell the property as it will be yours through the Probate, whether your siblings occupy it or not. Yes you can make them move the mobile home. List the property with a real estate agent. Your siblings are wrong, it is they that are SOL!

Probate atty. Once the property has passed thru probate and the estate settled, he should do a deed to you from him as ex/estate of your mom.

Once the deed is in your name, begin eviction.

Chella-Raelynn Marie due 10/2/09
if you are the ONLY name on it, then yes, its yours to do with what you want.

They are your tenants. You can (One the probate process is completed, and title has been transferred to you) evict them in accordance with the eviction laws of your unknown State. What those procedures are will depend on State law.

I would consult a Real Estate attorney - some States provide for long notice periods to evict mobile homes.


Max Hoopla
If your mother left you the property, after probate, title will be in your name and your siblings will be forced to move.

Carly S
Because the land is in your name, you have the right to sell it. Your siblings are obviously just trying to stay put there by telling you that you can't. Since they live in a mobile home, I don't think that it would count as part of the land. Of course, you can go talk to a lawyer who will be able to tell you for sure.

You have several legal issues to deal with.

First was the title/deed to this land ever transferred to Mom's name (some mom I might add) or is it still in Dad's name?

Second are you collecting rents from the siblings who are squatters on the property?

Third you need an ATTY to straighten out this mess especially if that deed is still in DAD's name.

Somewhere along the line, when you have legal ownership you need to give them a 30 day notice to vacate.

Make sure you have legal ownership then make sure you evict properly.

You own the property, so you can legally evict them, but you will need to have a court order to do so if they aren't going to move on their own.

They probably won't go for it, but you might consider selling the land to your sibs if they are interested. It would save some headaches.

You own nothing. You might eventually own the property, if the probate court finds in your favor. Until then, the estate of both the estate of dad and of mom are in limbo. Consult a probate attorney. By letting it go without having the estates settled you have made the issues much more complicated and expenseive.

Ask them to move so you can sell the property. Offer to let them have first shot at buying it - they should be able to afford it since they got insurance money. If they won't work with you on this - get a lawyer and pay the lawyer to handle this.

YES! Yes you can make them move, you are now the legal owner of the property and they are not paying you rent, and you had no previous agreement with them so serve them with a 30 day notice letting them know your intent is to sell the land, and if they would like to stay living there, you are accepting offers on the land and they may purchase it from you. After the 30 days if they have still not vacated, call the police. You might have to end up sueing them but if they really want to stay there, they will probably just buy the land from you.

Since the property was left you alone, you have th right to dispose of the property any way you choose. Siblings have no choice but to vacate the property. If it were me, I'd give them 30 day to vacate then have the sheriff remove them from the property. BTW, since you own the property you need to consider them paying you rent for the time they have lived on it for free since the passing of your mother.

Its yours! of course you can sell it. Just keep this will safe (:
get a lawyer & you can sell! You dont need to move them, but you can call security or the police, and they can move them. You could also add a gate to the property so no one gets into it anymore. Just remember keep the will safe & only show it to the judge, but NOT to your siblings.

The land is yours. You would have to have your siblings legally evicted. Since this would probably split up the family why not allow them to continue living on the land and have them pay the taxes every year and or pay you rent? Good Luck

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