Expert: Dick Dennis - 12/4/2007

Question
my husbands grandpa passed away almost 3 years ago. my husband was written into a will (37.5%), along with his uncle (37.5%), and his cousin (25%) with co-ownership of the house between the 3 of them. but my husband and his cousin wouldn't "get there share" until they were 25 years old. my husband turns 25 in a couple months, and the cousin's still only 21.
well, the cousin lives in florida (and has for many years), and the uncle lives in the house. the problem is that the uncle is not paying taxes on the property, and the home may be lost this year. my husband and i would love to live in the house, but the uncle will not leave, and we believe he is just going to let the house forclose! he just refuses to leave!
is there anything we can do to make him leave? we even offered to pay him for his part of the home (37.5% of what the home would sell for), but he still won't do it.

Answer
Since you do not say in which state the property is located, I STRONGLY suggest you consult with a REAL ESTATE attorney to protect your husband's interest in this matter. The attorney will tell you what steps you must take. Plus, he/she may take steps to have the court decide what should be done with the property, a variation of partition suit. I wish you well.

Dick Dennis