If a house is left as inheritance and it has not sold in three years can the sole executor stop her sisters from living there?

Asked almost 2 years ago - Aurora, CO

My sister has not sold the house in three years and me and my other sibling want to move in there and my eldest sister is trying to say "no" what can we do?

Attorney answers (6)

  1. Daniel Nelson Deasy

    Contributor Level 20

    9

    Lawyers agree

    Answered . At this point, it seems that involving a probate attorney is the right thing to do.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  2. Christopher Daniel Leroi

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . You definitely need a probate attorney. I handle such matters and offer free consultations. My web site is listed below.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    8

    Lawyers agree

    1

    Answered . The executor has control of the proerty in the estate but the beneficiary has the right to be treated fairly.
    I would hire an attorney to represent your interest-maybe the two of you could buy her interest of the home and live their as owners.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  4. Matthew Thomas Majeski

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . If talking with your sister is not working, hire a probate attorney to review your situation and advise you regarding your next step.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more
  5. David M. Rich

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . I agree with my fellow attorneys. If the house was not "given" to your sister as an inheritance, than she likely does not have the right to live their and exclude you. You probably will need a attorney to get her to sell the house or otherwise let you into the house. Hope this helps.

    You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado.... more
  6. E Dwight Taylor

    Contributor Level 13

    4

    Lawyers agree

    Answered . Your sister, as the Personal Representative of your mother's estate, has a fiduciary duty to the beneficiaries of the estate, and that would appear to be you and your siblings. She does, as PR, have the authority to make decisions regarding the property, and much is left to her discretion. So, it all depends...which is a lawyer's favorite answer to any question. Is she using the house? Is the house being maintained and on the market? Are reasonable efforts being made to sell the house? Is she reporting to you about the handling of the estate? An estate that has been opeon for 3 years is unusual, unless there are very difficult matters involved. I recommend you seek counsel if you can't have a reasonable discussion with your sister. Good luck!

    This general response is not intended to be legal advice because I don't have all the facts. The particular facts... more

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