Forcing a buyout.

My dad and uncle own a home. They are both elderly. While my dad has been wanting to take advantage of grants for seniors, my uncles says no. Therefore, the house is seriously deteriorating. How can my father force my uncle to either buy out or make repairs to avoid serious violations?

Brooklyn, NY -

Attorney Answers (3)

Joseph Michael Pankowski Jr

Joseph Michael Pankowski Jr

Estate Planning Attorney - Stamford, CT
Answered

If your father is willing to force your uncle's hand, he could hire an attorney to start a partition action. This would compel either the sale of the home or your uncle to buy your father out. Of course, the risk is that the uncle would say "no" and the house would be sold to a third party.

In any event, you and/or your father should consult with an experienced real estate attorney to determine the best course of action. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor... more
Jeffrey Bruce Gold

Jeffrey Bruce Gold

Lawsuit / Dispute Attorney - Bellmore, NY
Answered

Your father's options include suing your uncle for "waste" since he is allowing the home to deteriorate or sue for partition. As the other poster pointed out, if you bring a partition action, you have to be prepared to have the house sold. What he did not indicate, however, is that the house is sold at public auction, and you may lose control of the selling price.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
Anne Marie R. Segal

Anne Marie R. Segal

Contracts / Agreements Lawyer - Stamford, CT
Answered

I suggest that your dad mention the options explained by the other lawyers so your uncle understands he is serious. He may also go speak to a lawyer - many offer free consultations - and mention to your uncle he is doing so. Sometimes, the balance of power shifts by simply letting the other person know how serious you are. Otherwise, he can go down the road suggested by my colleagues. Good luck.

Law Office of Anne Marie Segal provides legal counsel to businesses and individuals. Please visit www.amscounsel.... more

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