A home left to several siblings in survivorship deed. How do sell out rights work?

Asked 10 months ago - New York, NY

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Can a sibling sell out if they want to get out of ownership with siblings of a home left to them in a survivorship deed? What are the rights of a sibling that wants out of the owner ship?

Attorney answers (2)

  1. Contributor Level 20

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    Answered August 01, 2012 11:44. You all have equal rights, depending on how the deed was set up. If everyone agrees on what to do, it is not so bad. But if even one person refuses, then the situation becomes more complex. You can file an action in court to partition the property, but these are siblings and going to court not only costs time and money, but would also affect family relationships, so it is never the kind of thing to take lightly.

    I would suggest that you set up a family meeting and try to work this out so that you can gracefully bow out and get compensated for your share. Determining the fair market value would then be your next issue. This can either be based on tax value, an appraised value, or an agreed upon value by the parties.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more
  2. Contributor Level 20

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    Answered August 03, 2012 08:44. These situations are never really practical or workable arrangements. Try to work it out in a face to face meeting with all parties. If this fails then you must bring a partition action to resolve this mess.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336, his email address is sjfpc@comcast.net , for more tax, estate and business articles visit his website www.sjfpc.com. and blog

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more

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