Half the heirs are ignoring the property

[Lil Red Wagon]

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

When my grandmother died, her will gave equally, her house and property to her two daughters and her two granddaughters. We (her granddaughters) have been mowing the property and paying the county and city taxes to keep it off the delinquent tax auction list. One of my aunts has stated publicly that she has no interest in the house/property and the other is ignoring our attempts to contact her regarding sharing the cost of upkeep and taxes.
We cannot afford to keep paying the taxes by ourselves and the upkeep. What are our options? Can we sell the property? Rent it out?

 

[latigo]

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

When my grandmother died, her will gave equally, her house and property to her two daughters and her two granddaughters. We (her granddaughters) have been mowing the property and paying the county and city taxes to keep it off the delinquent tax auction list. One of my aunts has stated publicly that she has no interest in the house/property and the other is ignoring our attempts to contact her regarding sharing the cost of upkeep and taxes.
We cannot afford to keep paying the taxes by ourselves and the upkeep. What are our options? Can we sell the property? Rent it out?

If each of the cotenants/co-owners own a equal undivided interest in the home, then the are equally liable for such expenses as are needed to preserve the property. If one or more of the cotenants pay more than their proportionate share of these expense, then they have what is known as a right of contribution from those that haven't contributed or fully contributed their share. In other words, you could sue the aunts for their respective share.

But in response to your direct questions. No, the entire property cannot be sold short of all the cotenants joining in the sale. Each cotenant is free to sell their respective undivided interest, but there will be no buyers.

In view of the aunts' indifference you could probably get by with renting out the place, but even then that could create some problems. Mainly because each cotenant has equal rights to the use of the property. And nothing would prevent them from using it, or in turn attempting to rent it.

The bottom line so to speak is that grandma sadly made one huge mistake in devising/willing the home as she did. She created the worst possible sort of the ownership of real property - an estate in cotenancy! Never as her attorney would I have allowed her or any other client to do that! There are enough headaches in life without purposely creating them.

Anyway, you have some other options (somewhat complicated) but I won't go into them unless you ask.

 

[Lil Red Wagon]

Thank you for your assistance and advice!
I'm about to find out how much my Aunts will ignore the property... I'm helping my daughter move in this weekend.

 

[Lil Red Wagon]

Thank you for your assistance and advice!
I'm about to find out how much my Aunts will ignore the property... I'm helping my daughter move in this weekend.

Well one of them doesn't mind. The other one is pitching a fit saying she's going to have the police evict my daughter. She's the Aunt who has publicly and to the judge said that she has no interest in the house and doesn't want it.

Advice please?

 

[LdiJ]

Well one of them doesn't mind. The other one is pitching a fit saying she's going to have the police evict my daughter. She's the Aunt who has publicly and to the judge said that she has no interest in the house and doesn't want it.

Advice please?

She cannot do that. You have the right (as an owner) to let anyone you want use the home. She also has that same right. She cannot kick anyone out that you allow to live there and you cannot kick anyone out that she allows to live there.

However, I would ask her just what it is she thinks should be done. She publically said that she wants nothing to do with the house, she won't pay her fair share of the taxes, insurance and upkeep, so what the heck does she think should be done?

 

[Lil Red Wagon]

She cannot do that. You have the right (as an owner) to let anyone you want use the home. She also has that same right. She cannot kick anyone out that you allow to live there and you cannot kick anyone out that she allows to live there.

However, I would ask her just what it is she thinks should be done. She publically said that she wants nothing to do with the house, she won't pay her fair share of the taxes, insurance and upkeep, so what the heck does she think should be done?

I will ask her. My other aunt (I'll call her E) said that they were going to let it go to tax auction so they wouldn't have to pay the lawyer. The aunt pitching the fit (let's call her L) said she wanted to buy the property back at the auction. One of my friends said that it sounded to him like L planned to buy the property cheap so that only her name would be on it and then she could turn around and sell it for LOT more than she paid for it and not have to share the proceeds with the rest of us. That actually sounds like something she'd do.

 

[LdiJ]

I will ask her. My other aunt (I'll call her E) said that they were going to let it go to tax auction so they wouldn't have to pay the lawyer. The aunt pitching the fit (let's call her L) said she wanted to buy the property back at the auction. One of my friends said that it sounded to him like L planned to buy the property cheap so that only her name would be on it and then she could turn around and sell it for LOT more than she paid for it and not have to share the proceeds with the rest of us. That actually sounds like something she'd do.

Well, she sure as heck cannot do that if the taxes are being paid. If that is truly the case, then I would tell her that as long as she is not paying her fair share of the taxes, upkeep and insurance that you are going to do what you have to do to keep the house in good condition. You might give her the option of cooperating with a sale of the property at fair market value, with her share of the taxes, upkeep and insurance being deducted from her share of the proceeds.

 

[Lil Red Wagon]

Well, she sure as heck cannot do that if the taxes are being paid. If that is truly the case, then I would tell her that as long as she is not paying her fair share of the taxes, upkeep and insurance that you are going to do what you have to do to keep the house in good condition. You might give her the option of cooperating with a sale of the property at fair market value, with her share of the taxes, upkeep and insurance being deducted from her share of the proceeds.

I cannot thank you enough for all your advice! It takes away a lot of the stress knowing that I have options