Can there be a forced sale of rest and residue?

What is the name of your state (only U.S. law)? Rhode Island

The rest and residue of an estate that was settled many years ago involved antique furniture that was left to four heirs. For the past 40 years by mutual agreement of all four heirs, the furniture has remained in the historic family home which is also owned by the same four heirs as tenants in common.

One of the heirs is now interested in selling her interest in the antique furniture and the question is, if none of the other heirs can buy her out, can she force the sale of the furniture?

From what I understand, if any of the heirs wanted to force a sale of the house, they could file a partition action to do so, and so I was wondering if an heir could do something similar relative to forcing the sale of the antique furniture in the house.

Thanks for any information

The heir owns 1/4 of the value of the furniture.

Basically, yes, they can demand that.

This is of course complicated by the fact that furniture, while valuable is not fungible and somewhat illiquid.

Why don't you just get the furniture appraised, and sell some pieces along with a few dollars of your own to raise the funds to pay her 1/4. The you all own 1/3 of the furniture.

Your suggestion to sell some pieces of the furniture and supplement with other funds makes sense, but unfortunately the sensible course is not always to one that is taken.

Fortunately I am not directly involved in this situation because it is further complicated by age, ignorance and hard feelings.

However I was curious as to what the heirs' rights are to rest and residue as well as their tenants in common ownership of their house and your response was very helpful. At least I have a better understanding of where this could end up if they cannot reach agreement.

Thank you.

hsbridge said:

At least I have a better understanding of where this could end up if they cannot reach agreement.

Click to expand...

If they can't come to an agreement, a partition suit could be made, and ALL of the furniture would be sold.

The same is true of the house.

This is about ownership, as it is 40 years on in a settled estate.