Legal Question in Wills and Trusts in Connecticut

My widowed mom left her house to her 5 children equally. None of the children reside in the home. 4 of the children would like to keep the home in the family and not sell it. One sibling wants to sell the house and get their financial share from the sale. Can 1 person force the sale if the other 4 do not want to sell? The other 4 would consider an option to "buy out" sibling #5's share. The sibling that wants to sell (Sibling 5 ) is also the Executor of the estate. This involves a Will and home in Connecticut.

Asked on 12/28/15, 5:45 pm

1 Answer from Attorneys

John Heffernan Heffernan Legal Group, LLP

In Connecticut, any co-owner of real estate can bring a partition action. In that kind of suit the court can either physically divide the property or, more frequently, order it sold at public auction, just like a foreclosure sale. This usually results in a buy out, as you mentioned, because an auction sale usually results in a lousy price. However, if this property is still in the estate, a lot depends on what power the will gives the executor, because now the estate is the only owner. If there's animosity among the siblings, this could be a real mess. If there's no animosity, why don't the siblings buy the property from the estate?

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Answered on 12/29/15, 7:31 am

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