When an apartment is inherited jointly by multiple heirs, the inheritance process transforms into a property co-ownership situation. Understanding the interplay between inheritance law and dissolution law is essential for navigating this common situation.
From Inheritance to Co-Ownership
The moment heirs receive a probate order and their inheritance is distributed, they become co-owners of the inherited property in the proportions established by the will or the Inheritance Law.
This co-ownership arises not by choice but by operation of law. The heirs may never have intended to own property together, may have incompatible visions for the property’s use, and may not have chosen each other as partners.
Options for Inherited Apartment Co-Owners
Co-owners of an inherited apartment have the same options as any other co-owners: one heir buys out the others, all heirs agree to sell to a third party, the apartment is divided if physically possible, or one or more heirs demand formal dissolution proceedings.
The Heir Who Lived With the Deceased
A particularly common scenario is one heir who lived with the deceased and continues to live in the inherited apartment. This heir may be reluctant to leave or to allow the property to be sold, viewing the home as theirs by virtue of their relationship with the deceased.
An attorney will help establish this heir’s actual legal rights – which may include rights to purchase the property at fair value but not to block the other heirs’ rights indefinitely.
Contributions to the Property During the Deceased’s Lifetime
An heir who invested in improving the inherited property during the deceased’s lifetime may have claims for compensation of these improvements in the dissolution. Proper documentation and legal analysis of these claims is important.
Moving Efficiently Through the Process
Inherited apartment situations that are handled promptly and professionally resolve more quickly and with less family damage than those that are left to fester. Early legal consultation helps establish a clear path forward.
