What actions can be taken?


Our father died 7 years ago. Left the house to my brother and i. My brother lives in our father’s house and owes me foe half of what it is worth. He promised to pay 3 years ago but nothing has been received.


As a joint owner, both you and your brother have full rights to use and occupy the home. Your issue is not an estate administration issue as it appears the house has already been probated. Your issue is that you wish to have your brother buy you out of the house, correct? If this is correct, and your brother refuses to purchase your half, there is a way to petition the court to force a sell of the house, its call a petition to partition.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The probate litigation attorneys at the Beliveau Law Group provides legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Boca Raton, Florida; Danvers, Massachusetts; Waltham, Massachusetts and Salem, New Hampshire.

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