Any Attorneys on this site? Have a question.

[RickB]

We don't need any more info. The OP needs qualified legal advise based on laws and case law in his state. Then he can decide how to proceed.

 

[TemporaryKubotaOwnerMark]

We don't need any more info. The OP needs qualified legal advise based on laws and case law in his state. Then he can decide how to proceed.

Bingo. I was just about to post that. The only good advice given in this thread is the repeated advice to talk to a local attorney.

 

[hosspuller]

Been through several family squabbles after a death as an observer. I & wife have spelled out how estate is to be divided. Even to the point of having a nephew named to be a deciding vote in any dispute. (Like when & how to sell the land) The personal property that is in dispute is to be lumped into a pile with each taking a turn to pick. The alternative is to have a two party auction that each bids on items. At the conclusion the auction proceeds are split. The whole purpose is to prevent squabble between sisters. It's only "Stuff"

 

[LD1]

We don't need any more info. The OP needs qualified legal advise based on laws and case law in his state. Then he can decide how to proceed.

Bingo. I was just about to post that. The only good advice given in this thread is the repeated advice to talk to a local attorney.

Yes and no.

If the brother wants out......for whatever reason. Like need money, cannot afford to keep, never uses, etc. And offered it to the OP at a fair price and the OP said no......(because as it is, maybe the brother is the only one that uses the garage, but only has to pay half the bills, taxes, upkeep, etc and dont want to take full ownership).....

Well if thats the case.....dont see where consulting a lawyer is gonna do anything but cost him money. Either buy the brother out at a fair price, or deal with whoever he sells it to.

Kinda like listening to someone complain if a a neighboring field gets lotted off in several 2-4 acre plots. And moaning about not having any neighbors within a half mile for years and now you are gonna have 10, ruining you view, etc etc. Heard that many times. If you dont like it, and dont want neighbors.....pony up or shut up.

Now this may not be the case. Maybe it was never offered? or offered at some crazy high price? This is what we dont know and want clarification on.

IF it was never offered or offered at a crazy price......yea.....lawyer.
If it was offered at a reasonable price and the OP refused......pony up or shut up.

But it also seems (and as many have said) that this could tear the family apart. Perhaps before going to a lawyer, maybe just sit down and talk with your brother?

 

[kcassidy]

A wise man once told me that partners are for dancing...

 

[EddieWalker]

Similar situation near me.
2 brothers and their sister inherited the parents chalet.

On brother never has been here, the other is across the country.
The sister's husband* is really a total nerd, does not know how to use a hammer, and to make matters worst he has a very minimal job.
The chalet is falling apart, roof leaks water system is occasional and property is totally overgrown.

*he no longer relies on friends to come up as he just purchased a new all electric car only problem is that the range is such that he can't return to the city and the chalet only had a 60 amp electric panel so re charging is a problem besides he needs to have the charger panel wired.

Guess when the roof caves in they will sell.

Don't think any of the siblings could afford to buy out the others from what I know.

When I was flipping houses, I ran into something like this several times. The parents had passed away and multiple people, their children, owned the house. They decided to sell it, but where way off on what they where asking for it, so it sat for years and started to fall apart. I bought one house from a family that had been on the market for ten years. Orignal asking price was over a hundred grand, when it would have sold for just under a hundred grand quickly. I paid $25,000 for it, put another $20,000 into it and sold it for $110,000, which is what the comps in the neighborhood where up to at that time. Another house was trashed by pets and about as nasty as it gets. The kids wanted what the house would sell for in perfect condition and wouldn't budge on any offers. After years on the market, my realtor said that they where going to lose it if they didn't sell it since nobody was paying the taxes on it. They wanted fifty grand, I offered thirty. They accepted, and then another flipper offered my forty the following week, so I sold it. Comps put it in the hundred grand range, but the repairs where going to run 20 to 30 grand.

 

[Sigarms]

Perhaps we're just cruel parents, but both of our boys know that our house and land will be sold after they move out (and they'll have the same options I had after they get out of high school, being job, military or college if they earn it by school work). If they want the house and property badly, they can pay below market price for it to keep it themselves as it's not going to be given to them. Both know they aren't putting up a house in back

After being an executor for one of my aunts, and my dad being an exectuor for his "old family house" and seeing the bickering and in fighting it can cause, everything is going to be laid out for our boys when we pass and it's not going to be open for interpretation.

Heck, I'm trying to convince my 86 year old father to sell his house because there is no reason for him to leave it to me.

 

[coldsteelva]

All assets should be liquidated and dispersed as the testator wishes. There is always disappointment somewhere if items/goods real property are bequeathed to one over the other. Cash money talks. IF someone wants the house that bad, they can pony up the dough up front and purchase it like an uninvolved party and use their 'proceeds' to pay themselves or a loan back.

 

[RickB]

Yes and no.

If the brother wants out......for whatever reason. Like need money, cannot afford to keep, never uses, etc. And offered it to the OP at a fair price and the OP said no......(because as it is, maybe the brother is the only one that uses the garage, but only has to pay half the bills, taxes, upkeep, etc and dont want to take full ownership).....

Well if thats the case.....dont see where consulting a lawyer is gonna do anything but cost him money. Either buy the brother out at a fair price, or deal with whoever he sells it to.

Kinda like listening to someone complain if a a neighboring field gets lotted off in several 2-4 acre plots. And moaning about not having any neighbors within a half mile for years and now you are gonna have 10, ruining you view, etc etc. Heard that many times. If you dont like it, and dont want neighbors.....pony up or shut up.

Now this may not be the case. Maybe it was never offered? or offered at some crazy high price? This is what we dont know and want clarification on.

IF it was never offered or offered at a crazy price......yea.....lawyer.
If it was offered at a reasonable price and the OP refused......pony up or shut up.

But it also seems (and as many have said) that this could tear the family apart. Perhaps before going to a lawyer, maybe just sit down and talk with your brother?

Where did you get the notion it was offered to the OP? No mention of that I can see.

 

[TemporaryKubotaOwnerMark]

Yes and no.

Yes and yes. He asked for legal advice. Only a lawyer who knows the local laws is qualified to give that advice. He'd be a fool to listen to all the well-meaning unqualified Dear Abby wannabes on this thread.