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Does my father need to resolve property disputes before completing his will?

Does my father need to resolve property disputes before completing his will?

Q: Can siblings force the sale of inherited property?

Yes, siblings can force the sale of inherited property through a legal process called partition action. This occurs when co-owners cannot agree on the use or sale of the property. A court can order the property to be sold and the proceeds divided among the owners, regardless of their individual contributions.

Q: Can I force a buyout of an inherited property?

Yes, you can seek a buyout of an inherited property if you can negotiate with your co-owners. If an agreement cannot be reached, you may need to file a partition action in court, which can compel the sale of the property or allow you to buy out the other owners' shares.

Q: What to do when siblings fight over inheritance?

When siblings fight over inheritance, it's best to communicate openly and try to reach an agreement. If discussions fail, mediation can be a helpful step. If disputes persist, legal action, such as filing a partition action or seeking probate court intervention, may be necessary to resolve the issues.

Q: What happens when one sibling is living in an inherited property and refuses to sell?

If one sibling is living in an inherited property and refuses to sell, the other siblings can request a partition action in court. This legal process can force the sale of the property or allow for a buyout. It's important to review any agreements or wills that may affect ownership rights.

Full question:

I have been trying to get my Father to complete his will for years. He has all the signatures needed, but he has a property that was left to both him and his sister. He feels he should get a bigger piece of the money if it sells because of the work he has done to it. Does this need to be resolved before the will can be finished?

Category: Wills and Estates
Date: 04/07/2025
State: Georgia

Answer:

A will must be properly executed while a person has legal capacity, meaning they understand the act of making a will and know their assets and family members. If there is a dispute over property ownership, it can affect how the will is finalized. For instance, if two co-owners each own an undisputed half of a property, they can will their halves regardless of any value disputes. Thus, resolving any ownership disputes regarding the property is important before completing the will.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens when two siblings own a property?

When two siblings co-own a property, each typically has an equal share unless otherwise specified. They can decide how to manage or sell the property together. However, any disputes regarding ownership or contributions to the property can complicate matters, especially if one sibling believes they deserve a larger share due to their investment or effort in maintaining it.