I am looking to sell a home that my siblings and I inherited from my mother. I want to file a Partition Action in order to force to sell the property or if not be bought out by my other siblings. I didn't know what I was signing because I trusted one of my siblings but i signed a paper approving that this sibling be the Personal Representative of the Estate and also appointed Special Administrator. Can I still file a Partition Action?
Estate Planning Attorney
Once the property is distributed to you(your share)-you can seek a partition sale.
Prior to the distribution-you would need an attorney to represent you in probate court
to force a sale of the property. It could be better just to have your attorney negoiate this matter for you.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
4 lawyers agree
Perhaps. But what is the PR's plan to handle this? If the PR is going to sell it anyway, I would just let him/her. If there is not going to be a sale from the estate, then once the property is deeded out to the beneficiaries, that would be the time to file for partition.
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You broke rule number 1 when it comes to legal matters. Never ever give up control if you do not have to. You broke rule number 2: Never sign a legal document without talking with your OWN attorney. So now you must hire your own attorney to see what your legal options may be at this point.
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