Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Ethics

Can I sell property that was left only to me by my mom in her will if my siblings are living on the property?
Find answers to your legal question.





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)


    




psu176
Rating
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.


oldmarine08
Rating
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!


wizjp
Rating
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
Rating
if you are the ONLY name on it, then yes, its yours to do with what you want.


rickinnocal
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.

Richard


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.


katherine
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.


Designer~Wife
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.


laughter_every_day
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.


PJ
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.


Serena
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.


itsjustme
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.


Glompzz.
Rating
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.


Marlene
Rating
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





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 Marijuana legalization?
i know its a silly question but there are so many different points of view and facts and opinions and what not etc. why is Marijuana ...


 I was involved in an alcohol sting..the girl came through my line and i asked for her date of birth..i don't ?
know why i thought she would tell the truth..and i could tell something wasn't right the way she was looking..anyway was she suppose to lie about her age ..i got fired and received a ticket none ...


 What are the arguements i can make for capital punishment being legalised in the UK?
...


 Can a fathers parental rights be removed
my 14 month old old son hasnt seen his father in almost a year and hasnt payed a penny towards him. he takes drugs and drinks most weekends and can be ...


 Does anyone know if it is illegal to be asked to have your drivers licence scanned upon entering a niteclub?
...


 What qualifies for wrongful imprisonment?
I was arrested for a violation of a law in which one of the subsections clearly exempts members of the military (which I am). Does the time I spent in jail (7 hours) and the fact that my name and ...


 Is This Considered A Crime And If So What Would It Fall Under?
Please Excuse All Spelling Mistakes Im In A Hurry To Type This !

I have a family member that has worked for the same company for 20 years as the Manager. Throughout that 20 years he/she ...


 Can your father emancipate you if you are 18, and do not have a job, But starting college in the fall?
I am 18, received my high school equivalent diploma in February 2008, My dad yells at me all the time about not having a job. I have really bad anxiety and have problems going into places and getting ...


 Broke persons camera accidentally because I tried taking it away cuz they took a photo of me without permision?
Am I legally responsible to pay them back, after all they took a picture of me without my consent and it was an accident.
Additional Details
Can someone give me proof of this with a ...


 Is it legal to drive with an open container of alcohol in your vehicle?
A.No, there are no exceptions
B. Yes, if the container is in the trunk
C. Yes, if the container is in the trunk and someone in the vehicle is over 21
D. Yes, if the container is locked ...


 What is the major problem for and against abortion?
thank you for all who are answering. you guys are a great help. :)...


 Do you feel that the death penalty is justice, or justified vengeance?
I feel that it is the latter because it is using the "eye for an eye" rule. I also add that that rule was made in an age many now consider barbaric and primitive. I find the fact that we ...


 PLEASE HELP HELP HELP?
2 DAYS AGO MY HUSBAND AND I WERE FIGHTING PUSHING AND SHOVING EACH OTHER HE PULLED ME AND LEFT A SCRATCH ON ME BUT IT WAS MUTUAL I SCRATCH HIM TO HE CALLED THE POLICE AND THEY END UP TAKING HIM TO JAI...


 Why is the government involved in gay marriage? Why do liberals feel an unnatural act is OK?
Why are we taking the low road and not looking to build a higher standard for the future....


 When will martial law hit the street in america ?
when will martial law hit the street in america
im guessing end 2009 beginning 2010...


 How to legally evict my girl friend from my aqpartment?
...


 Is it legal to sell food in front of your house?
say like making sandwiches or sell package food in front of your house. is it legal?...


 I got into a car accident and i didnt take any information down or make a police report. what do i do now?
I have full coverage insurance, the person who hit me said he has a gargage and he can fix it but it has been to days now and im sure it was all a lie. Would i still be able to make a police report ...


 Is support for illegal immigration the only things democrats and big corporations have in common?
neither seem to keen on cracking down on ...


 Is it true that there is a law that your boss has to give you at least a 15 min break in a four hour shift?
i heard this from so many ...




Copyright (c) 2009-2013 Wiki Law 3k Friday, October 31, 2014 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.054