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What are our options to evicting one of the heirs from the home we inherited so we can sell it?

What are our options to evicting one of the heirs from the home we inherited so we can sell it?

Q: How do I force an inherited property sale?

To force the sale of an inherited property, all co-owners must agree to sell. If one sibling refuses, you may need to file a partition action in court. This legal process can compel the sale of the property and divide the proceeds among the heirs. Consulting with an attorney can help you navigate this process effectively.

Q: What happens to parents' house when they pass away?

When parents pass away, their house usually becomes part of their estate. It can be transferred to heirs according to their will or, if there is no will, according to state intestacy laws. The house may need to go through probate before it can be sold or transferred. Consulting with a legal professional can clarify the process.

Full question:

My mother's will was probated 10 months ago and we five children can't sell the house that was left to all five of us in her will because one of the five children refuses to leave the house stating that she can't find a place to live, along with a laundry list of excuses. What are our legal to get access to our estate home so we can sell and get on with our lives.

Category: Real Property
Subcategory: Sales
Date: 04/07/2025
State: Mississippi

Answer:

Please see the information at the following links:

http://definitions.uslegal.com/l/landlord-tenant-notice-to-quit/

http://definitions.uslegal.com/l/landlord-tenant-forcible-entry-and-detainer/

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

Do I automatically inherit my parents' house?

Inheriting your parents' house depends on their will and state laws. If your parents left the house to you in their will, then you automatically inherit it. If there is no will, state intestacy laws will determine how the property is distributed among the heirs. It's important to review the will and consult with a legal professional to understand your rights.

How do I force an inherited property sale?

What happens to your house if your parents die?

When your parents die, their house typically becomes part of their estate. If they had a will, the house will be distributed according to the terms outlined in the will. If there is no will, state laws will dictate how the property is divided among the heirs. It's advisable to consult with a legal professional to understand the specific implications.

How long does an executor have to sell a house?

The time an executor has to sell a house varies by state and the specifics of the estate. Generally, an executor should act in a timely manner to settle the estate, which may involve selling the house. Some states may have specific timelines, but it's crucial for the executor to communicate with the heirs and follow the probate process diligently.

What happens to parents' house when they pass away?

Who inherits parents' house?

The inheritance of a parent's house depends on their will and state laws. If a will exists, the house is inherited by the person(s) named in it. If there is no will, state intestacy laws dictate who inherits the property, typically distributing it among children or other close relatives. Legal advice can help clarify your specific situation.