Q&A

How does a sibling get money from the sale of a property?

How does a sibling get money from the sale of a property?

(Of course, the challenge is usually getting everyone on the same page – not the sale process itself). Pro Tip: Funds are disbursed at sale pursuant to the rights and interests of the various tenancy interests in the property. That is, if a sibling that owns a 50% interest in the property will receive half the sale proceeds.

How often do siblings get involved in Wills?

Arguments over wills are more frequent when they involve siblings (44%) rather than parents and their children or other relatives, according to the Seddons survey of 1,500 people involved in disputes.

Can a sibling buy out the other sibling’s interest?

The sibling who wants to retain the property can buy out the other siblings’ interest in the property. He might have to take out a loan to do so. Other times, selling the property is the only option to settle debts of the estate. In this case, the courts may overrule the dissenting sibling.

When do siblings lay claim to the same assets and cannot agree?

When siblings lay claim to the same assets and cannot agree, one option is to sell the assets and split the proceeds. Siblings can decline an appointment as executor or trustee so that someone else can be the fiduciary and make decisions on asset distributions. If siblings are named as fiduciaries, they need to formally decline the appointment.

The sibling who wants to retain the property can buy out the other siblings’ interest in the property. He might have to take out a loan to do so. Other times, selling the property is the only option to settle debts of the estate. In this case, the courts may overrule the dissenting sibling.

When do siblings squabble over an inherited home?

Dad died several years ago, leaving the house to our mom. She died last year. I live in the house and would like to own it, but my brother — who lives in California — wants to sell. We are at an impasse.

(Of course, the challenge is usually getting everyone on the same page – not the sale process itself). Pro Tip: Funds are disbursed at sale pursuant to the rights and interests of the various tenancy interests in the property. That is, if a sibling that owns a 50% interest in the property will receive half the sale proceeds.

When siblings lay claim to the same assets and cannot agree, one option is to sell the assets and split the proceeds. Siblings can decline an appointment as executor or trustee so that someone else can be the fiduciary and make decisions on asset distributions. If siblings are named as fiduciaries, they need to formally decline the appointment.