I inherited part of a real estate property from my parents. Can I make the estate trustee sell it to get my share?
With real estate prices being what they are, it has become more and more common for multiple siblings inheriting the property of a deceased parent to be divided over what to do, and when to do it. Often, one of the children is the Estate Trustee, and another wishes for the property to be sold immediately so they can receive their monetary share as a beneficiary.
Whether the Estate Trustee simply isn’t moving fast enough, or they don’t wish for the property to be sold at all, it’s possible that a beneficiary waiting for their share of the property will want to compel the Estate Trustee to sell.
The first and most significant obstacle is what Deceased’s Will actually says about the Estate Trustee’s powers and obligations with respect to the property, as they may have the authority to keep the property rather than sell it. However, if a property is to be sold, a beneficiary entitled to a share may be able to bring an application to the court under the Partition Act
to force the sale of the property, and for the sale price to be divided according to the Will.
If you believe that you’re entitled to the proceeds of an estate property that is going unsold, you should contact an estate litigation lawyer to discuss your options.