Legal Question in Real Estate Law in Indiana

I live in another state, but my mother, now deceased, placed my name, my sister's name and my brother's name as co-owners of her home. My brother's portion (he is deceased) has been quit claimed to me, so I now hold 2/3 of the property. My sister's whereabouts is unknown. The property is in a state of disrepair and of little value--an albatross. I would like to donate it for rehab so someone could get some value out of it, but have no way to contact my sister (or to determine if she is alive). Would a motion to Quiet Title be a viable way to unencumber the property in Indiana so I can get rid of the property?

Asked on 2/28/12, 3:56 pm

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

You could not file a claim to quite title unless you have a viable claim that you own your sister's share, i.e. she died without children, living you the sole heir at law.

The better way to solve would be to file a partition action and ask the court to sell the property at a public sale. You could clear the title out of both your names that way. You will need to see a lawyer to do this the right way.

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Answered on 2/29/12, 8:25 am

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