Foreclosure Isn't a Foregone Conclusion

Although I was not able to perform any of the regular maintenance on the exterior of the house, my sister and I took care of the interior as necessary. My parents paid for the house and were responsible for it. They never asked any of us for money.

Here's my problem: Without my brother's or my knowledge, two years ago my parents surreptitiously sold the house to my sister for approximately $19,000. The house is appraised at approximately $485,000. It is a year-round residence with five bedrooms and two full baths.

I do not believe that this is a legal transfer and would like to know what my legal rights are.

A: Why wouldn't this be a legal transfer? Certainly you can consult with a lawyer on this issue, but if your parents own the property and pay for the maintenance and upkeep, they are well within their rights to sell it to whomever they want, for whatever price. If you feel you have been treated unfairly, you should talk to your parents, not sue them.

Just because your parents said they would leave the house to all of their children equally doesn't mean they have to do that.

While your parents told you that they intended to give the house equally to all of you sometime in the future, they probably have the right to change their mind and sell the home to your sister. (You didn't mention that your parents are unable to take care of their financial affairs, so I assume that, as adults, they have the right to take care of their financial assets.)

I would open a conversation with your parents about what happened and find out what they were thinking. Perhaps they are planning to leave you and your brother other assets. If you don't ask, it will seriously taint your relationship with them -- and with your sister.

I'm one of 12 family members who own a large piece of land with one rental house on it. The property was inherited some time ago, and I'm ready to sell my share of it. However, the other family members are not willing put it on the market and don't have the money to buy my 1/12 interest. Is there some way I can get out of the property? Can the others be forced to sell the property, or would a lawsuit need to be filed to get them moving?

You don't really want to bring a partition lawsuit against your entire family. That would be time-consuming and emotionally messy.

Unless the property is worth millions, you may spend more than your one-twelfth share is worth. (And can you just imagine the talk around the Thanksgiving table?)

If none of the other family members has the cash to buy you out, and you don't want to sue them, you're probably stuck for now.

Your situation is a great example of what not to do when leaving property to heirs. It's difficult to have a dozen people inherit a single piece of property, unless it is an extremely valuable one that generates significant revenue.