When I was working in California I received a call from home informing me of my mom's condition and I jumped on a flight coming back to Louisiana but I didn't even make it on the plane and was told she passed and my dad passed away about 13 months ago and I found him deceased in his home and I can't find it in my heart to forgive my brother and sister for wanting to sell their house because I refuse to sign them papers giving my permission. If I allow it to happen then it's like I'm losing them all over again.
Personal opinion.
It is a building.
You no longer live there. (If you do live there now then it makes sense for you to purchase it)
Is a building giving you any comfort?
they can force the sale.
I have to ask do you want to lose your siblings as well as your parents?
1) First possibility: It’s a scam post. Three blind mice (that’s us), see how they run?
2) Second: OP is not quite sane. The siblings will have to deal with that, as OP has made up his/her mind.
3) It’s intended to make lots of people look up ‘Cuccio’ and go visit the restaurant with that name.
Take your pick.
But what if my parents had kept that house, rented it out? And after my folks had passed, what if my parents passed that house onto me? Would I moved into it? Probably not. Reason would have been I wasn't ready to retire and move many States away, had a job I truly enjoyed which I wouldn't have given up for any "house", and friends I would miss. And everyone who had lived in the old neighborhood would have been gone by now. But I am glad I have memories and photos of when I did live in that house :) Just something to think about.
The other solution is they go to court two against one and get the judge to issue a court order to sell the house. I can tell you this will absolutely happen. Louisiana courts will absolutely side with them. You will have no say.
You have two choices: buy the house or it gets sold anyway.
While I understand you are grieving, selling the house realistically doesn’t mean you are losing your parents all over again. Your grief is clouding your decision making.
You will also create a rift with your siblings. Relationships are more valuable than things.
LA runs slightly differently than other States as we are French law based (I’m in NOLA). Within a Succession in Louisiana, if there is an asset that is undivided interest and an heir is being difficult on having that asset sold, or having it transferred, or whatever to make it difficult for the asset to go through probate, then any of the heirs can file a lawsuit within the probate process against the difficult heir. The suit is to force a partition. They would enjoin the other heirs in their lawsuit, so they are not sued but are a part of the overall suit as they share as a heir.
A forced partition. Partition is called a “licitation” if it is an asset that is undivided interest (like a house, or a boat or a building) or it’s called a “metes” if it’s just land or something that can be divided. The probate atty will file it but will usually have a Real Estate atty doing the paperwork, so this will have seriou$$$ costs. And the difficult heir will be sued to be held responsible for the costs due to your delay. Costs can be expenses to have the house exist but also can be any increase in taxes your siblings incurred due to waiting. It’s really hard to represent yourself in actions like this, so you will need your own attorney with a State of LA license.
if you don’t want it sold, then you have to 100% on your own buy your siblings out.
Again if you want the house, you have to have the cash $ to pay your siblings for their share. You cannot get lending on the house as you do not own it. Louisiana does not - I’m pretty sure - allow for Owelty lien done for partitions. You have to have the cash. And expect your siblings atty to file for you to be responsible for any costs they paid as well as legal fees. Siblings - I imagine - have waited to deal with the house as father was alive and needed his participation. He’s dead & It’s over a year, this is only going to get more & more complicated and expensive and emotional the longer you put this off.
Your siblings can force the sale - it would involve lawyers - but if you don't buy them out of the fair market value of the sale- they can retain a lawyer and force the sale.
My heart goes out to you, it really does. But perhaps it is time for you to consider finding a grief counselor or therapist to help you as well. While I realize that no one can tell you how to grieve or how long to grieve, perhaps your siblings need closure as well.
The other side of the coin is are you the one paying all of the bills on the house? Or are your siblings on the hook for covering the shared costs of keeping the home? We had to force the sale of my FIL's home - not legally because my SIL and her DH didn't have a leg to stand on - but the biggest issue was that they could not afford to pay the monthly bills on the house -and we had our own bills to pay and couldn't afford to maintain two homes any longer.
While you may not agree and believe they should feel the way that you do, your siblings are entitled to their fair share of the home - either via sale or you buying them out. You are holding on to anger with your siblings but honestly - that's not fair to them - perhaps the way they grieve is to close the estate and move forward with their lives?
If you want to keep the house you need to get a fair market appraisal and buy out their shares. Otherwise they can file a partition lawsuit to require you to pay up or let go. It would be much better to agree now rather than fracturing your relationship with legal action. That would not honor your parents.
Do you expect the empty house to sit there forever, by keeping it from being sold and the equity shared? Did your parents say in their Wills, "never sell our house and let it sit empty forever?" I doubt that.
Everyone handles grief differently. I'm sure finding your Dad was traumatic. But holding onto a vacant house and being so unforgiving to your siblings isn't what your Dad would have wanted. He would want you all to inherit what he had and accept his generous gift, a chance to get ahead in your lives!
You will eventually heal from this tragedy, but it will take time. You may need counseling, since 13 months has gone by and you are still unable to forgive your siblings or give permission to sell the house. They did not cause your Dad's passing. The reality is that we all die. Nobody lives on Earth forever.
What would your Dad tell you? To hold a grudge over your siblings from loosing him? To refuse the gift of his estate and prevent all of you from getting a life changing opportunity he wanted you ALL to have?
Sorry for your loss. I hope you cooperate and sell it.
If your siblings were here asking about this situation, I would tell them to take you to court to force the sale.
Just curious, do you have guilt that you didn't even live in the same state and that is holding you back from moving forward in your life? If you do, you shouldn't, kids grow up and move on with their goals and dreams and that often puts them many miles away. As a parent, I want my kids to be them best selves, wherever that may take them, no doubt, your parents wanted the same for their children.
Life moves on and often a sale of a property must be done in the best interest of all involved. Again it is just a house at this point and not your parents home.
Perhaps it would do you some good to seek out some grief counseling to help you work through your unhealthy view of this situation. Grief Share is a free support group that meets in pretty much every city, so you can Google to see where one is near you.
And in case you didn't already know this, unforgiveness only hurts you and no one else, so I hope you can come to some sort of peace about the house that your parents once lived in being sold.
I'm sorry for the painful loss of your parents. But no one gets to stay here forever. Maybe consider therapy to work through your grief, so that you can do it in a healthier way, and also identify and defend boundaries with your other family. I wish you clarity, wisdom and peace in your heart as you move forward.
What are your plans for the home?
Do you plan to live there?
An unoccupied home, as you can imagine, deteriorates fast. Moreover insurance companies often will drop insurance on an unoccupied home.
The Will, if one is written, and the Executor of said Will are often important stipulations as well. Often a Will of Trust will dictate exactly what is to happen; for instance "Home at 716 Broadmoor is to be sold, and the assets there of added to the liquid assets of the estate, to be divided three ways between..................." and blah-blah.
Now, if this home is left intestate, that is to say no will, then an administrator will be appointed, the home would be sold, all assets drawn into one account and divided according to stipulations of a home.
Let us surmise that parent left the home "divided into three equal portions" and blah blah. A home that is owned by more than one person can almost always be FORCED legally into a sale, simply by the wish of one or more owning it to sell it.
If you would like options, go to see an attorney in your area.
I am very sorry for your loss, but I know you understand, much as you love the house, if you cannot "buy out" your siblings, it will likely be sold. Your parents are still with you, now in memories that you carry within. Your mom, gone so long, I am sure can still be felt a presence in your life. Your Dad's loss is so recent, and so much more acute.
I wish you good luck, and give you my condolences on your loss.
Look, being stubborn won't bring them back. Your brother and sister are doing nothing wrong. Selling the parents' house is the most common-sensible plan. If you don't sell it, the house sits there and moulders, costs a lot of money to maintain, or if someone does live there (as in renting it from the family), the house will be changed anyway. A house is just a house. Your emotions about it are real, but your thinking about those emotions is wrong. You won't forgive brother and sister for wanting to do the most sensible thing? That would get the burden of the house off of all of you? And bring money into the family?
If you keep on with this, brother and sister may not forgive YOU. Please stop thinking of the house as being your parents. They are gone. The house will be enjoyed by another family; that's what a house is for. I hope you'll sign and move on with your life because that's definitely what's best for all of you.