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Can I still file a Partition Action if one of the co-owners of the property is named the Personal Representative of the estate?

Honolulu, HI |

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?

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Posted

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.

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Posted

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.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Posted

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.

LEGAL DISCLAIMER 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 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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