Partition Action

[Pat Dill]

What is the name of your state (only U.S. law)? California
I was told that a Partition Action is my only choice.
There are 4 siblings. Our mother gift deeded her home including the land to her 4 childrens. The property was then put in all 4 names with equal shares. Our mother did have a will that did state that one of the siblings could stay in thehome for 3 years after her passing being held for property taxes and upkeep during this time. Then the property could be sold and divided equally amoung the 4. It is now bout 7 years after the passing of our mother and one of the siblings refuses to sell or even allow any of the others in the home. I have contacted 2 real estate agents in the area, and the one sibling refuses to talk or listen to them.
I have contacted my sibiling several times by mail with no reply. I am denied a phone number to talk to my sibling.
The taxes on the property has been paid. Up keep has been very little done, there is no rent paid in all these years.
Three of the siblings live out of state, and none have the money to hire an attorney. One of the siblings is filing Bankruptcy. What is our options.
I have been informed that the sibling will get credit for the property taxes but is also responsible for rent due while living in the house.
Thank You for any of your input. PatWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[FlyingRon]

Our mother gift deeded her home including the land to her 4 childrens. The property was then put in all 4 names with equal shares.

With no share for herself, right?

Our mother did have a will that did state that one of the siblings could stay in thehome for 3 years after her passing being held for property taxes and upkeep during this time.

Wills have no binding on things that you don't own. She already gave the property away, she lost the right to have a say.

Three of the siblings live out of state, and none have the money to hire an attorney.

A partition action will probably be your best way. Pay the lawyer out of the sale proceeds.

One of the siblings is filing Bankruptcy. What is our options.

Their quarter could very well be attached.

I have been informed that the sibling will get credit for the property taxes but is also responsible for rent due while living in the house.

You were informed wrong. She might get credit for the taxes, but you could also make the claim as having the exclusive use she was responsible. Unless she agreed to pay rent, the other siblings are due none.