Trust litigation centers around inheritance disputes; more often than not this will include disputes over property. When beneficiaries are left a property in which they each have equal ownership there are multiple avenues that can be taken. The beneficiaries can opt to sell the property and split the assets equally, they may choose to keep the home and each remain equal owners, or in some cases a beneficiary can buy the other beneficiaries out of the home to assume sole ownership. Typically, when beneficiaries assume equal ownership most find it easier to sell the property and split the assets. But what happens when one beneficiary refuses to sell the home? We often see family members who were left part owner of the inherited home, take it upon themselves to remain in the home, despite the other beneficiaries wishes or decisions, or what is decided in the trust. This tends to happen more often when a beneficiary lived in the home with the decedent prior to them passing. If the reluctant party refuses to buy out the other beneficiaries, and also refuses to sell there are options that can be taken. If a compromise cannot be reached, a partition action can be filed with the court. A partition action entails a court appointing a partition referee, who will have the wide authority to take necessary actions to force a sale.
If you are experiencing a similar issue, and want to know what other legal options you can take, please reach out to the Inheritance Recovery Attorneys. Our firm offers free consultations and specializes in trust and will litigation. We are here to help you protect your inheritance and make sure your loved one’s wishes are carried out honestly.