Forcing an equitable split of jointly inherited property?

[MvDEK1]

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

Question:
I'm a US/Canadian dual citizen permantly residing in Norway. My mother, a US citizen and resident of Calforinia owns two recreational properties in British Columbia and one third of a third recreational property there. My brother and sister, both US citizens (but eligible for dual citizenship) and residents of California, each own a third of this last property and my mother's third is willed to me. The remaining two properties will be left to all three siblings in her will. We will also be inheriting assets that will allow us each to pay the necessary taxes and title tranfer fees upon my mother's passing. All three siblings are very interested in these properties that all lie together on the waterfront in the Strait of Georgia. My question centers around the degrees of freedom I will have to force an equitable division of these properties such that each sibling obtains sole ownership of one. Can my brother or sister effectively deny and prevent such a split? Thanks for your advice.

 

[tranquility]

Not only is the question too complex for this forum, it also will involve Canadian law. But, the back of a napkin answer is, I suspect a good lawyer could force a lot of litigation over the *demand* of an "equitable" split.

 

[xylene]

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

Question:
I'm a US/Canadian dual citizen permantly residing in Norway. My mother, a US citizen and resident of Calforinia owns two recreational properties in British Columbia and one third of a third recreational property there. My brother and sister, both US citizens (but eligible for dual citizenship) and residents of California, each own a third of this last property and my mother's third is willed to me. The remaining two properties will be left to all three siblings in her will. We will also be inheriting assets that will allow us each to pay the necessary taxes and title tranfer fees upon my mother's passing. All three siblings are very interested in these properties that all lie together on the waterfront in the Strait of Georgia. My question centers around the degrees of freedom I will have to force an equitable division of these properties such that each sibling obtains sole ownership of one. Can my brother or sister effectively deny and prevent such a split? Thanks for your advice.

Your inheritance will depend on the law and the will, but let me understand...

MOM owns

Property A
Property B
and 1/3 of Property C

Brother owns 1/3 of Prop C
Sis owns 1/3 of Prop C

When she dies You, Bro and Sis will each inherit 1/3 of her estate.

So you (and bro and sis) will inherit ownership of 1/3 A, 1/3 B and about ~.11 of prop C

Concerning C then you will own .11 and Bro and Sis will each own ~.445

You would file suit to have the properties all sold as part of the estate.

you would inherit your share in cash.

Use that cash to buy whatever property you like.

BTW, this is a matter of Canadian law

 

[tranquility]

How do you force the executor to sell the properties and to distribute the cash? It's his job to distribute the estate. Putting some names on a deed is a lot easier than selling the properties. Heck, maybe mom wanted the children to inherit the properties this way so they had to work together to allocate them among themselves. What if a beneficiary wants one of the properties?

"Filing suit"? What is the cause of action?

 

[xylene]

How do you force the executor to sell the properties and to distribute the cash? It's his job to distribute the estate. Putting some names on a deed is a lot easier than selling the properties. Heck, maybe mom wanted the children to inherit the properties this way so they had to work together to allocate them among themselves. What if a beneficiary wants one of the properties?

"Filing suit"? What is the cause of action?

The respondent seems to have basis for a estate partition suit.

Partition as part of an estate is common even in the US.

Canadian law and Provincial law do allow for such suits.

Of course it would be 'easier' for the executor, hence why it would be forced by a court.

I am not here to solve others problems such as those who would prefer that their valuable and exclusive use rights be preserved. That is for their lawyers.

The poster seems to want the estate process to wind up with each sibling with one property.

He is not getting that.

If he wants his share, as a whole, then these non-fungible assets would have to be sold.

The law allows for a partition suit.

He can use that cash to buy his own.

 

[MvDEK1]

Your inheritance will depend on the law and the will, but let me understand...

MOM owns

Property A
Property B
and 1/3 of Property C

Brother owns 1/3 of Prop C
Sis owns 1/3 of Prop C

When she dies You, Bro and Sis will each inherit 1/3 of her estate.

So you (and bro and sis) will inherit ownership of 1/3 A, 1/3 B and about ~.11 of prop C

Concerning C then you will own .11 and Bro and Sis will each own ~.445

You would file suit to have the properties all sold as part of the estate.

you would inherit your share in cash.

Use that cash to buy whatever property you like.

BTW, this is a matter of Canadian law

Thanks for the replies. One clarification: When she dies, I will inherit her 1/3 of C and and the three of us will each inherit 1/3 of A and B.

By an equitable split, I simply mean that we buy each other out (compensate each other) according to the official assessment values of each property.

Although I'm certain that Bro would prefer B and Sis would prefer C (and I prefer A, but would also be content with C), I fear that they might wish to maintain joint ownership of all three properties. Sis and I are having problems sharing C (by far the best property), Bro is content with B, and A is in sore need of renovation, but this cabin was erected by our father (deceased) and likely has sentimental value for all of us.

Is there any way to get the probate judge to distribute the properties among the beneficiaries? By the way, Bro will likely be the executor.

I realize this is a matter of Canadian law, with extra twists due to foreign, non-resident ownership and I will end up engaging legal council when the time comes, but I simply couldn't resist the urge to post here.

Thanks again for the advice.

 

[anteater]

Is there any way to get the probate judge to distribute the properties among the beneficiaries?

I don't want to to go too far concerning the Canadian properties, but it would be far better for the 3 of you to work this out. I doubt that the probate court will get into playing Solomon. I would say that it is far more likely that the court would say:

"The will provides that A & B are devised equally among the siblings and the 1/3rd interest in C be devised to MvDEK1. Mr. Executor Sibling, prepare deeds conveying the properties in that manner."

Besides, the probate court will not have any power to order anything regarding the 2/3rds of C that is already owned by the other siblings.

 

[Kiawah]

Find a way to work it out amongst the siblings.

Like perhaps, get the properties assessed so everyone has a fair reference point, then everyone put in a sealed bid for the properties. Highest bidder 'wins', and will put the money into estate pot kitty which will be later distributed.

If someone really wants the property, they bid high for the property and the other siblings will reap the excess value in cash at the end. If nobody wants a property, it is sold and cash split.

Just recently sold my mothers vehicle. I had it appraised, and sent pictures and the appraisal to everyone. I was interested in it, but one of my brothers bid more than me, he gets it, and I get the share of the cash instead. Simple, everyone is happy.