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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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Best Answer

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.


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

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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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