This article discusses what happens when one sibling is living in an inherited property and refuses to sell or leave.
We will look at three practical solutions to resolve this challenging matter and ensure family conflict is kept to a minimum.
Learn all about them below.
Buy The Sibling Out
A buyout can be an effective way to resolve the situation of a resistant sibling, such as the instance where a brother lives in an inherited house and won’t move out.
How so? It’s a friendly approach to a sensitive problem, and this option provides the sibling with a financial incentive to vacate the property.
By taking this route, you can keep the peace in the family if you inherited your parents’ house. At the same time, you can gain control of the home.
Of course, you will want to ensure the buyout process is open, honest, and fair. The following suggestions can help you accomplish that.
- Have the house appraised to establish its worth versus estimating.
- Figure out how much is needed to buy your sibling’s share.
- Be open to negotiation if the offered amount isn’t well received.
- Factor in any repairs or improvements the sibling has paid for.
- Set a timeline for the buyout process and move-out date.
If your sibling accepts the buyout terms, don’t just make it a verbal agreement. Put it in writing.
If selling your deceased parents’ house is a distinct possibility or the plan in the future, taking this step is crucial. You can avoid future misunderstandings by making this arrangement official.
Draft a formal agreement that identifies everyone involved, includes a property description, and spells out the agreed-upon property value and buyout price.
Also, specify how and when the payment will be made. Clarify responsibility for costs before buyout and outline a process for resolving disputes.
Consult with an attorney to help ensure the document is legally binding and equitable to both of you.
We also have a more detailed article about how to buy someone out of an inherited house.
File a Partition Action
When you’ve carefully considered if you should sell your inherited house and decided to do so, you may have to initiate a legal proceeding called a partition action to move forward.
It can lead to a court order forcing the sale of the property.
This remedy is commonly used for situations like a sister or brother living in a deceased parents’ house and refusing to cooperate. In this case, one heir can force the sale of property.
Here’s an overview of the key components.
- Filing: You must file a petition with the court detailing property particulars and why you’re seeking this action.
- Notice: As the filing co-owner, you would serve your sibling with the complaint.
- Court Hearing: You and your sibling present your cases, and the court evaluates the circumstances.
- Court Decision: If deemed the best solution, the court will order a partition by sale, which often results in selling an inherited house as is for a quick resolution.
- Property Sale: The house is appraised, and the court may appoint a neutral third party to oversee the sale.
- Proceeds Distribution: The court divides the sale proceeds based on the co-ownership interest
While this option can help resolve a dispute with a sibling living in a jointly inherited deceased parents’ house, it can also impact family dynamics.
Legal actions like this can lead to increased tension and emotional distress, both of which can further strain family relationships.
However, if the partition action is handled constructively, there can be an amicable resolution.
Start an Eviction Process
You may have to initiate and execute an eviction process to deal with a problematic sibling with a lease and fails to pay rent.
As an example, let’s suppose you have a sister living rent-free in the inherited house while she must pay rent according to a rental agreement she signed with you.
Be aware that the exact procedure you must follow for evicting a sibling from your deceased parents’ home depends on the local laws.
A general overview of what’s involved in how an heir living on the property can be evicted is as follows.
Double-Check the Obligation
Your first step is to review your sibling’s rental agreement with the intention of identifying breach conditions, such as non-payment.
Issue a Notice to End the Tenancy
Most jurisdictions will require you to give your sibling formal notice to vacate the house. It must provide a timeline to leave, often 30 days, but the notice period varies by state.
File an Eviction Lawsuit
If the notice period ends and your sibling is still in the house, you must file a lawsuit to gain possession, which is essential if you plan on selling an inherited house.
Appear in Court
You’ll need to attend a hearing and present evidence that your sibling hasn’t paid rent. The court will issue an eviction order if its decision is in your favor.
Carry Out the Eviction
If your sibling doesn’t voluntarily leave the house once the court orders it, you can involve local law enforcement (typically the sheriff) to enforce the eviction.
By following these steps, you can safely and legally manage an eviction, resolving the question, “how do I remove a sibling from my deceased parents’ house or another inherited property?”
What’s Next?
Once your brother or sister has left the property, you can choose between various options.
You can keep the property, rent it out for income, or move in and make it your new residence. Or, you can sell heir property.
If you choose to liquidate the property, the most straightforward way is to sell your inherited house for cash.
What happens when you sell a house you inherited to one of these companies? You reap several benefits, the following included:
- Speedy sale: The deal can close quickly, and closing dates are generally flexible.
- No realtors involved: You don’t have to pay a real estate agent commission, and the company usually pays closing costs in full.
- Less work: You can skip staging and showings, and if you’ve inherited a hoarder house, there’s no requirement for a cleanout.
- Financial certainty: The deal is less likely to fail at the last minute because cash transactions don’t rely on purchaser financing.
- Fewer complications: Most cash offers come with no buyer contingencies.
- No repairs: If you inherited a house that needs work, you can sell it without fixing it up.
- Simplified paperwork: A cash deal typically comes with minimal paperwork.
So, contacting a company that buys inherited properties through an all-cash transaction may be your most convenient choice.
Get a cash offer quickly and make an informed decision. Then, you can proceed with your next steps.