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Can I force my brother to sell property that was left to he and I in an estate?

Asked over 2 years ago - Seneca, SC

My Brother and I are representatives - daddy's left everything to my brother and I (simple well) He still owned a house and 4 acres - my brother lives there for free for years. Brother want buy my half, he want sell the property. He said he will leave it like it is and just live there and tie it up for 40 years. Can he do that? Can I make him sell? State of South Carolina The probate has nto closed yet. As I understand the property will go into both of our names.

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Attorney answers (1)

Shawn P. Eyestone

Reputation Level 9

Answered about 2 years ago. Estate Planning Attorney in Wyoming, MI.

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I am not a SC attorney, but I believe the same legal concepts will apply. Your father's will likely left the property to you and your brother as "tenants in common." Your comment states that your brother wants to buy you out but will not sell the property to you. These types of disputes are typically handled by an action for "partition" in which the property would be split, if possible. Or, in your case, the court would likely require the property to be sold to the highest bidder. In that way, you and your brother could bid against one another for the property, with it going to the highest bidder or to a third party if they bid more than either of you. Again, I am not a SC attorney, but you would most likely need to speak with one if you pursue any course of action to force your brother to do anything with the property. Good luck!!

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