unreasonable brother

[mon22]

My mother passed away in March, 2015. She died intestate. In Ohio her 2 children get 50% of her estate. My mother only had $5,000 in the bank and the house is only worth $47,000. The problem is even though I have been living with our mother since 2000 my brother has decided that hes taking over the house. He's already bought new appliances and he's planning on having work done on the house even though I told him to wait until the estate clears probate. He basically told me he didnt give a damn what I thought or the courts thought. I have 50% of the house and he cant afford to buy me out. He lives on cheap credit. Meanwhile he's being a bully about this house. What options do I have? Can I change the locks? Do I have to move out immediately even though I have 50%?

 

[anteater]

I assume that, circumstances permitting, your intentions are to continue to live there?

Has probate been opened?

Since, in the long term, it does not seem that the two of you can learn to live and play well together, I'd be asking that the probate court order the property to be sold.

 

[mon22]

I assume that, circumstances permitting, your intentions are to continue to live there?

Has probate been opened?

Since, in the long term, it does not seem that the two of you can learn to live and play well together, I'd be asking that the probate court order the property to be sold.

I just got paperwork from attorney. Probate will be filed by monday. Barring any changes, I will be the executor. Yes my plan was to keep staying here.

 

[anteater]

You will be entitled to occupy the property. Your brother will be entitled to occupy the property.

As you are beginning to find out, this is often a terrible idea.

If neither of you wishes to and is capable of buying out the other's interest and neither wishes to force a sale to a third party, you will just have to get used to a potentially miserable living situation.

 

[mon22]

You will be entitled to occupy the property. Your brother will be entitled to occupy the property.

As you are beginning to find out, this is often a terrible idea.

If neither of you wishes to and is capable of buying out the other's interest and neither wishes to force a sale to a third party, you will just have to get used to a miserable living situation.

I dont have a problem with selling the house. But what if he doesnt agree? Can the court force him to agree? Dont know much about probate and what power they have. Thanks

 

[Dave1952]

Yes the court can force the sale of the house. It's called a partition action. Since such actions cost money, it's better to reach an agreement with your brother.

 

[PaulMass]

I just got paperwork from attorney. Probate will be filed by monday. Barring any changes, I will be the executor. Yes my plan was to keep staying here.

I dont have a problem with selling the house. But what if he doesnt agree? Can the court force him to agree?

These are really questions for your attorney

 

[Stephen1]

I don't believe that you need a partition suit or any other court order to sell the house. After the court confirms you as executor (I'm assuming that you will be the sole executor and not joint with your brother) then part of your job is to divide the estate between you and your brother. If you believe that the necessary action is to sell the house, then, as executor, you have the authority to sell it. After probate is closed and the property is titled to you and your brother then you might need a partition suit to sell it. So, if it needs to be sold then the Estate of [mother's name] needs to sell it before probate is closed instead of transferring it into the names of you and your brother.

The proceeds from that sale would then be part of the estate and something that you need to split with your brother.

 

[anteater]

I don't believe that you need a partition suit or any other court order to sell the house. ... If you believe that the necessary action is to sell the house, then, as executor, you have the authority to sell it.

I'm going to part agree and part disagree.

It may not be necessary to wait until probate is closed and the property transferred to initiate a partition. It may be possible to deal with during probate.

Where I disagree that the executor has unfettered authority to sell the real estate. I don't know Ohio law on the subject, but, in most states, title to specifically-devised real estate vests in the devisees upon the death of the testator. The executor will need the approval of the devisees and, probably, the court to sell. In any event, the presumptuous brother will get a chance to fight the sale.