Where creative solutions to these problems can be facilitated, there is mutual gain for all concerned. Sometimes there's just the need to have someone be the mediator in the midst of a difficult time. There are a number of resources available that may work for you, such as: A trusted family friend who's willing to be involved; a pastor or priest who will be an unbiased counselor; or a professional PeaceMaker certified counselor. In this day and time it may even be possible to have someone serve you effectively via Zoom meetings or through some other online meeting platform. A lawsuit for partition should be the last resort for you to settle the inherited property if you cannot come to an amicable agreement with your sibling(s) over the settlement. If it comes down to it, you can file a lawsuit asking the judge to order the sale of the home and terminate your co-ownership. This is a complicated process and the judge usually appoints a mediator first, to get the property ready for sale. If you are at odds with each other, you and your siblings might not be able to do this. Therefore, you will need to have an agent sell the home and mediate between you.
HOLDOVERS LIVING IN ESTATE
When inheriting a property, you might have to address the issue of holdovers living in the estate. A holdover is someone who is living in the estate after the death of the owner. If one of your siblings or yourself is living in the property, you need to come to an agreement with all the heirs regarding whether the concerned individual will continue to live there or will need to vacate. In the case of continuing to live there, the terms must be clearly drafted. If the right to remain there is mentioned in the will, then it cannot be challenged. If it has to be challenged for some reason, the necessary legal proceedings must be adhered to.
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