2 of 4 sisters who inherited the family cottage in the 1990s want to sell; what’s the best way to move forward?

Q: Dear Pat, Thank you for your very informative column, Marketwise, which I read in the East Bay Times. I’m sure you’ve heard my question before.

I am one of four daughters who inherited the family cottage in the ’90s. Two of us now want to sell. The caveat is that one of the remaining sisters has Alzheimer’s and is living in a long-term facility. The other is the executor of her trust. Can this issue be equitably negotiated? Thank you in advance.

A: Decades ago, a real estate attorney told me he did not have to read the newspaper to know the market. If the prices were dropping, panicking homebuyers might cancel home sales; in response, many home sellers were seeking representation to keep the buyers’ earnest money deposits. If prices were spiking, some regretful home sellers canceling transactions to resell at a higher price would often receive a lawsuit instead. Cases over deposit disputes and rescinding property sales will continue to be a staple for the real estate law office in any market.

Science writer Malcolm Gladwell could make a connection as to why lawsuits between co-owners of real estate have increasingly rivaled deposit disputes in terms of number. Divorce has become common, while co-ownership by non-related parties has skyrocketed. More importantly, the hundreds of thousands of Bay Area properties purchased new by The Greatest Generation have often been inherited by adult children and grandchildren. Family members suing each other to force a buyout or sale are no longer uncommon. When a friendly disposition of real estate is unattainable, co-owners hire their real estate attorneys to seek resolution. I’ve worked regularly as a seller’s agent in all these examples. Not so, decades ago. A real estate attorney I follow currently has four partition actions and all clients in different positions. And one case is going to court. If you and your siblings are in agreement, escrow and title officers will require legal documents and doctor letters explaining that one sibling is the conservator of another. Agents will need the California Association of Realtors’ Capacity Signature Disclosure Form. If your siblings are in disagreement, the legal community has lots of practice settling “sibling rivalries” in court.

Questions? In need of strategic tactics to sell a property? Lacking practical methods to buy a home? Contact Pat Kapowich, a Certified Real Estate Brokerage Manager, at 408-2457700, email Pat@ Siliconvalleybroker. com. Broker License 00979413.