Legal Question in Wills and Trusts in South Carolina

Can she make me

My mother left her entire estate to be split 50/50 to me and my sister. My mother owed a condo in Maryland and a condo in SC. My sister and I are both co-executors on the will. We sold the property in Maryland in 2/04. All of the monies(sale of condo + other funds) were deposited into a joint account (me and sister). The title of the condo in SC has been changed through probate from my mother to my sister and I jointly. She has since removed all $ from our joint account and I have no idea where the funds are. She is requesting that I agree to sell condo in SC and I am refusing - can she make me sell it?


Asked on 2/01/05, 1:40 pm

1 Answer from Attorneys
Otto Ferrene, jr. Ferrene & Associates, PA

Re: Can she make me

No, she cannot make you sell. However, there is a cause of action called partition and sale. She will have to bring a law suit and ask the court to sell the property and distribute the funds. You may file a suit to force her to account for the funds she has removed and possibly bring a suit for conversion in which you may be able to recover your funds, interest, and punitive damages for the taking of funds which belonged to you.

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Answered on 2/03/05, 10:35 pm


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