Do we have to sell?
Although my sister and I are co-executors on my father's estate, she has been in control of most everything due to here resident status in Maryland where my Father lived. There is approximately $110,000 in cash that was in a jont bank account that she has now removed and will not disclose to me where it is. My Father owned free and clear a condo in South Carolina that has since been through Probate in that state and now the title of that property is in both mine and my sisters name. She is demanding that I buy her out for 1/2 the value ($95,000) or sell it. Is there any way legally that she can force a sale of the property and how can I legally go about getting 1/2 of the cash back?
2 Answers from Attorneys
Re: Do we have to sell?
The real property will pass through probate and funds from the sale will follow according to the last will and testament. Where there are other assets that are subject to probate and such are not properly administered you would request an accounting. I am a Maryland attorney, should you need assistance please contact me. Contact an attorney for assistance with your legal matter.
Re: Do we have to sell?
The SC real property is subject to SC law and you, or MD counsel engaged by you, would need to consult with a SC-licensed attorney regarding the rights of joint owners of SC real property. As a child of the decedent and as a Co-Executor of the Estate in MD, you have the right under MD law to question/correct any Estate Accounting Reports and Estate Inventory Reports that are filed with the local Register of Wills and/or the local Orphans' Court that has jurisdicition over the Estate. You also have the right, if necessary, to seek removal of the Co-Executor under MD law. Other legal actions may also be available to you as Co-Executor under MD law. Further information needs to be developed in connection with the filing of such legal actions. There are a number of fact-specific issues under MD law that need to be carefully worked through concerning the Will, the decedent, and the administration of the Estate. An experienced probate/estate planning attorney should be able to handle this under MD law. Please note that my legal services are available only with a signed engagement agreement in accordance with the Code of Professional Ethics applicable to attorneys licensed in the state of MD. If I can be of any help to you, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 1-19-2005, 1:05 a.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.