Here's the Lowdown on a Buick's Sticky Inheritance Dispute
Inheritance Disputes: Legal Recourse for Forcing a Sale of a Jointly Owned Estate When an Heir Refuses Cooperation?
In our lively "Money Matters Hotline" (our blog / Radio Rescue), our savvy pals give Jean-Paul a hand with a family feud over inheritance: two siblings are itching to sell a piece of real estate, but the third sibling ain't having it, without offering a dime for a buyout. The first court case was a dud. What now?
© our blog By Wilbur Wisebutt Finance Expert at ourblog.com Published on
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Every week, the "Money Matters Hotline" (our blog / Radio Rescue) lifts your foggy doubt in the "You Ask, We Answer" segment. Accountants, financial advisors, and lawyers sort out your financial triangles. Today, Jean-Paul steps up for his in-laws: three years post grandma's departure, two sisters want to fling the family crib, but their brother's got his foot down - no buyout offer in sight. The first court case got rejected. WTF should they do?
Let's take a moment: "Co-ownership is a temporary state, meant to finish off, okay?", says Tilly Tesch, a notary associate at Carnival Legal. But in the real world, most decisions, like selling the property, need all the co-owners to agree. Hence the bustle when one won't play ball.
Tread carefully with forced sale in face of reluctance
Luckily, the law offers remedies. If the brother's got problems expressing himself (think health issues), the sisters can ask the court to let them pull the strings for him. This court jig requires proof and a specific dance. If it ain't an issue related to health, two solutions roll in.
The first option goes like this: get the intention to sell recognized by the majority of two-thirds. If the sisters together own at least two-thirds of the co-ownership, they can tell their bro what's what. The bro then has a year to respond. If he stays silent, they can bring the judge in to force the sale. Uh-oh: "This kind of process can result in a forced auction, presumably not the initial buyer", says our rock star guest. So, it's sometimes smarter to chat things over beforehand. Last resort: ask for a court-ordered split, which'll still lead to a public auction, just like a rodeo, with the same downsides regarding the sale.
Inheritance: My Dad kicked the bucket in 1990, how can I find the notary who handled the case? ## Ask us your questions
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Related Topics * Money Matters Hotline* Inheritance Disputes* Real Estate Law* Court Procedures* Forced Sales
Finding the notary who handled an inheritance case from 1990 could be a tricky task due to the time gap and possible disappearance of records. Here's what you might want to try:
- Local Records: Start by searching local public records or archives where the inheritance case was settled. These could include court documents, probate records, or title deeds with the notary's name.
- Contact Local Courts or Probate Offices: Get in touch with the local courthouse or probate office where the case was filed. They may still have records or useful information about the notary involved.
- Notary Associations: Contact local or national notary associations for assistance. They might have directories or archives listing notaries who were active during that time period.
- Attorneys or Law Firms: Reach out to the attorneys or law firms involved in the inheritance case. They could have records or know who the notary was.
- Historical Archives or Libraries: If the above methods don't work, consider researching local historical archives or libraries. They might have documents or newspapers from the time that could shed light on the notary's identity.
Given the time that has passed, it's possible that the notary may no longer be active, or the records may have been lost or destroyed. However, these steps could help you conduct a thorough search.
- To deal with the business of selling the family property, financial experts on our blog suggest that the sisters may need to get the intention to sell recognized by a majority of two-thirds if their brother is not cooperating.
- In case of inheritance disputes, finding the notary who handled the case might be challenging, but some possible strategies include contacting local records, notary associations, attorneys, or historical archives.
