Posts tagged: Brother And Sister

What happens if 2 owners can’t agree on the selling price for property

sell property fast

My husband owns 1/2 and his brother and sister-in-law own 1/2 a house together (their dad’s house – inherited). The problem is my husband and his brother can’t agree on a selling price, and his brother refused my husband’s offer to buy his half out. His brother wants to sell the house fast for a low price (yet refused my husband’s offer of what he would end up with, if he got the price he wants minus the realtor’s cut) and my husband (if he isn’t allowed to buy his brother out for what we can afford) would like to sell it for a higher price, even if that means we have to hold onto it longer. The price my husband set it at is still considerably less than the value it was appraised at before property values fell. His brother chose the realtor, who hasn’t been officially hired yet. The realtor feels that my husband’s price is the most they can get for it, but what he doesn’t know is that my husband will refuse any offer lower than that.
His brother is a controller and wants to make all the decisions, yet my husband is the executor.
The brother is the one who chose the realtor and doesn’t want my husband to get a different one involved.
It doesn’t make sense that his brother wants to sell the house fast and cheap, but yet would not even entertain the idea of selling his half to my husband. The price my husband offered was in keeping with the price his brother would get if it sold for the price he wants. Any money over that would go to pay the realtor’s commission.
I wish there was some King Solomon who could make a decision that would be right and fair. His brother is all about the money and my husband is all about hanging onto something that is important to him.

How do I stop trust member from selling property before probate court can act?

sell property fast

My dad recently passed away and he was 1/3 owner of a trust set up by his mother to protect two parcels of acreage from ever being sold. When we contacted the brother and sister (the other two names on the trust), they indicated that they were going to sell the property and they had my dad sign a power of attorney a few months ago when he first became ill.
I realize that the power of attorney they had is now invalid- BUT, how do I contact the proper courts (I know deed #’s lot #’s, courthouse locations, etc.) to stop any sale of this property until I can obtain copies of the trust to understand what my rights are. I would think the faster I contact them with the fact of his death, that would at least insure I am involved in any pending sale. Also- one of the propertys is being sold BELOW tax value to one of the 1/3 parties.. which sure sounds like a scam to me!! I just want to know WHAT to file and with WHO? Most docs do not address this that I’ve found. Thanks so much !!

What should I file to advise courts of my dads death if property in trust with 2 other family members?

sell property fast

My dad recently passed away and he was 1/3 owner of a trust set up by his mother to protect two parcels of acreage from ever being sold. When we contacted the brother and sister (the other two names on the trust), they indicated that they were going to sell the property and they had my dad sign a power of attorney a few months ago when he first became ill.
I realize that the power of attorney they had is now invalid- BUT, how do I contact the proper courts (I know deed #’s lot #’s, courthouse locations, etc.) to stop any sale of this property until I can obtain copies of the trust to understand what my rights are. I would think the faster I contact them with the fact of his death, that would at least insure I am involved in any pending sale. Also- one of the propertys is being sold BELOW tax value to one of the 1/3 parties.. which sure sounds like a scam to me!! I just want to know WHAT to file and with WHO? Most docs do not address this that I’ve found. Thanks so much !!