My two sons (21 & 23) inherited their father's house (w/o a will). The 21 y.o. lives in the house the 23 y.o does not. The 23 y.o. wants to sell, the 21 y.o. does not. I have POA over the 23 y.o. who is in the military in Okinawa and he wants me to sell the house. The 21 y.o. does not have a job or the funds to buy-out the 23 y.o.'s portion. The 23 y.o.'s funds are being depleted paying taxes, etc. on a house he does not occupy. Please advise me on how to proceed in selling the house? Thank you.
1 Answer from Attorneys
If the parties cannot agree, it may be necessary to initiate an action for partition that will get an order of the court allowing the real property to be sold. Upon the sale of the real property, an accounting can be done and each party will receive their proportionate share. If the older sibling has paid more than his share, he may be entitled to recoup those monies from the sale. If we can be assistance, please do not hesitate to contadct me. Good luck.