1/2 Owner Won't Cooperate

[Ibrahim Hughes]

Hi All. I'm working a deal where 1/2 owner (an elderly woman whose affairs are being handled by her nephew) is willing to sell while the other owner (heirs of the deceased 1/2 owner) refuse to cooperate.

They tried to sell the property in the past (about 3-4 years ago) and all the other 1/2 owner had to do was come down and sign some paperwork and they would have received a check. They never showed up, changed their number and refused to cooperate.

Now the property is under foreclosure by the city for back taxes and the elderly woman/nephew are trying again to sell.

Is there a court maneuver you are aware of that would allow 1/2 owner to sell the entire property. 4 years ago they even went to court to try and force the other side to cooperate. No success.

My thinking is that since the other owner is deceased and (apparently) the estate hasn't been probated, perhaps the elderly woman can become Administrator of the other owner's estate since she has an interest in the property. I saw a case several years ago where a property was going to foreclosure for a mortgage and the borrower was deceased with no next of kin. A judgment holder, in an effort to get paid and not get wiped out by the foreclosure, stepped in and became Admin. of the decedent's estate and sold the property.

Does anyone have any ideas? Thanks in advance.