How do i sell my one third portion of a home also owned by my brother and sister?

Asked by Robert Amann, San Lorenzo, CA Thu Apr 14, 2011

I wish to be done with my brother and sister due to foul play after my mothers death. I want to sell my portion of the home either to them or someone interested in an investment. It gets complicated as their is another home, but my sister took me off that part and forged the will. So bills that have been acrued also need to be disbursed against that home also. Please help.

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11
Derrick Sakai, , San Leandro, CA
Thu Apr 14, 2011
A jointly owned property automatically creates a trust and the three of you are beneficiaries of the trust.

A beneficiary can sell one's interest, thus you can sell 1/3 share which is your share in the property. Notwithstanding such sale, you continue to be trustees and continue to have a legal duty to look after the trust property in the best interests of all the beneficiaries.

In case of disagreements, parties may seek redress with the court.

Since your sister forged the will, you should question that forged will's validity and allege such claim in court. You should confide with a lawyer to help you with this.
2 votes
John Juarez, Agent, Fremont, CA
Thu Apr 14, 2011
An hour with an attorney could cost you about $300. Free advice could cost you a lot more in the long run. Please take ever body’s advice and get see an attorney.
1 vote
John Souerbry, Agent, Fairfield, CA
Thu Apr 14, 2011
I agree with Alan and Stacy - you need an attorney. As a broker who specializes in working with estate and trust properties, here is some non-legal advice that could help you and your attorney put this behind you:
- take notes: every time you speak with a family member, write it down in a log or journal
- keep a copy of everything
- when you can't copy something, take a picture with your mobile phone
- when you get an attorney, let them speak for you. it will make it tough within the family for awhile, but you should let the attorney do the job you hire them to do
Best of luck!
1 vote
Mack McCoy, Agent, Seattle, WA
Mon May 9, 2011
I agree with everybody, but to answer your question for the benefit of other readers, ain't gonna happen.

Nobody wants to buy 1/3 of a house with the other 2/3 owned by family members. Not even for pennies on the dollar. Well, there might be a handful of people, but you'll never find them.

As the others say, I hope by now you've found good legal counsel, Rad.
0 votes
What about a 50% ownership?
Flag Fri Aug 5, 2016
Gerard Carney, Agent, Spring Hill, FL
Mon May 9, 2011
If there is foul ply then you need to obtain a lawyer. You would be doing nobody a favor by selling them into your family squabbles and it would be no investment for some one especially if the people involved will go to great lengths to back stab a relative; I am sure that there would be no though what so ever that they would take an non-family member involved straight to the cleaners. If there has been forgery and there has been foul play, then get a lawyer and burn them legally, also get back what is rightfully yours. Selling is not even a solution. There is no one going to invest in this situation, it is almost certain you would lose your money.
0 votes
The Medford…, Agent, Fremont, CA
Mon May 9, 2011
Rad:

Alan's advice is great ... except I'd recommend that instead of running, you use a car. You'll get to an atorney even quicker.
.
0 votes
Wanda Halsey, Agent, Pensacola, FL
Thu Apr 14, 2011
Find an Trust and Estate Attorney who can file litigation on your behalf. This situation is far too complex for you to deal with without legal representation.
0 votes
Lance King, Agent, San Francisco, CA
Thu Apr 14, 2011
Rad,

No question, you need to talk with an attorney who specializes in this area of law. And I wouldn't have any other communication with the other parties till you do. I can give you a name in San Francisco if you like, but perhaps some of the agents/brokers who work in your area can make some more local referrals.

Best Regards,

Lance King/Owner-Managing Broker
lance@fixedrateproperties.com
415.722.5549
DRE# 01384425
0 votes
Dallas Texas, Agent, Dallas, TN
Thu Apr 14, 2011
Recommend to contact an attorney

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
972-699-9111
http://www.lynn911.com
0 votes
Alan May, Agent, Evanston, IL
Thu Apr 14, 2011
Run, don't walk, to your nearest real estate attorney. You need professional advice, and we Realtors and agents are not qualified to answer such a question.

Good luck.
0 votes
Stacy Carter, Agent, Roswell, GA
Thu Apr 14, 2011
This is definitely a situation that requires the advice of an attorney. Forgery is a serious accusation and since you're on the short end of that, I would seek the advice of counsel to see what your rights are.
0 votes
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