my mother recenly passed away and their were 3 beneficiaries - the estate included her home - 2 beneficiaries do not want to sell the home and 1 does. how do we handle legally?
While the answer might be different in Colorado, the general rule is that if your Mother has a Will, it needs to be offered for probate. The executor must do whatever the will dictates unless all the heirs agree otherwise. If there is no will, then someone must file to be appointed administrator. The administrator will sell the house and split the proceeds among the beneficiaries. The children not wanting to sell the house can buy the house from the estate by paying the remaining beneficiary his share of the fair market value of the estate.
While I agree with the reponse previously provided, you can also force a partition action if the one beneficiary is certain that they want out. This can only be accomplished through the Court and you should consult with a Colorado attorney that is familiar with the process.
