how to go about selling property with shady family members?

[dredwing]

What is the name of your state? MI

My grandmother passed away almost two years already. She left a will that entitled her sons to equal shares of everything she owned. Since her husband was still alive, he had to handle the paperwork. He got a quit claim for the house and let the other two sons do what they wanted with her bank account and possesions. Since my father was too ill to attend the funeral or pursue this himself, he has given me POA.

All we are interested in doing is selling the property before the market here gets any worse. The brothers are incredibly incompetent(sp?). They refuse to let me have the key, they don't answer the phone half the time, and use the house for weekend parties and hiding thier vehicles from repo. Everytime I go around the house to check it out, they have the lady next door watch me while she reports to them on the phone.

We already had cash offers on the house, but they refused saying that they are gonna let thier aunt sell the house and give her $20,000 cut. In thier drunk or drugged state, they think I am stupid enough to fall for that scam.

Is there anyway I can get this matter settled without needlessly spending a fortune on an attorney for a house thats not even worth that much? Or is there an option where I can get some sort of attorney assistance to get this going? trying not to spend too much, but if I have to I have to.

 

[anteater]

What is the name of your state? MI

....Since her husband was still alive, he had to handle the paperwork. He got a quit claim for the house and let the other two sons do what they wanted with her bank account and possesions. Since my father was too ill to attend the funeral or pursue this himself, he has given me POA.

That language is somewhat convoluted. Just to make it clear for everybody... Your father and his two siblings are now the only owners, right?

Is there anyway I can get this matter settled without needlessly spending a fortune on an attorney for a house thats not even worth that much? Or is there an option where I can get some sort of attorney assistance to get this going? trying not to spend too much, but if I have to I have to.

Unless the siblings are willing to buy your father's share, about the only option is a partition suit. Get a current copy of the deed and your POA and begin interviewing attorneys. Perhaps, just the threat of a partition suit will make the siblings more agreeable.

 

[dredwing]

yes, father and his two brothers are owners.

and this partition sounds good. so an attorney will do that for me?

 

[anteater]

yes, father and his two brothers are owners.

and this partition sounds good. so an attorney will do that for me?[/B?

Oh yeah! However, paraphrasing the words of a venerated Senior Member here, seniorjudge, "Be prepared for $20,000 in attorney fees and two years before it is done."

That is why you hope that waving the partition nuke will cause the siblings to realize that it could end up as mutually assured destruction if they won't work something out.

 

[dredwing]

LOL, great!
the ol' dump is hardly worth that kinda investment. guess I'll keep that as a card up my sleeve for later then.

on another note, is it leagally ok for me to attempt entry via locksmith or other means,or is that another thing that falls under the partition? the quit claim is very simple in it's terms, so I would figure I should be allowed access to the house.