please HELP!!!!!!!!!!!

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trbandrews

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My mother-in-law died in 2003 and left a house as part of her estate. There was a will naming my husband and his sister as co-exec of the estate and sole beneficiaries. The house has sat vacant since her death in August of 2003, we were 1st preparing the house to rent then we were approached by 2 real estate brokers that were interested in purchasing the property for commerical use however the offers were not a dun deal. We were given contracts from both brokers which included conditions such as rezoning and their ability to locate a buyer. This was involving over 1/2 a millon dollars but neither of the contracts gave a definite time frame for this to all take place thus it appeared to my husband and myself that it could be tied up under contract for an indefinite amount of time but with us continuing to have the responsibilities for the upkeep. My sister-in-law was willing to sign and we were against. Beth, my sister in law, was handling the bill paying and seeing to the upkeep but my husband was contributing 1/2 of all expenses up until April 2006 when Beth and her husband refused to continue, and left it all with my husand and I, without any financial assistance from them. We have kept the house going paid the property taxes which were in excess of $5600.00 for 2006. We are wishing to rent the house because the home owners insurance has been cancelled because it is unoccupied and the house will eventually become unlivable if someone doesn't move into soon. We contacted Beth for her agreement but she is refusing to allow the home to be rented. She feels this will only prolong my husband from selling. So, pretty much for spite! We have a letter from her and an email stating that they did not want to have anymore to do with the property and it was all on us, but from what we can tell our hands are tied without her permission. Is there anything we can do to rent the house without her consent? Since we have the letter from her stating that she wanted no part of it and was leaving all of the decisions to my husband? Please don't say to attempt to buy her out because that isn't happening either. They want commercial price for a property that isn't zoned commercial. Also, note that the house has not been deeded to anyone since the death of my mother in law. If we would receive an offer from someone to buy the house without the conditions we would sell in a heartbeat. My husband and I even talked to a commercial real estate broker that would list the property with a minimal fee as a favor to us, but Beth is refusing to sign the contract. Her response is why pay him when we have 2 offers that no fee is charged. I guess she thinks the brokers that contacted us work for nothing!!! She hasn't figured it out.
 
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I am assuming that the probate is over.

If that is true and the bad people do not want to sell to you, then the only thing left to do is to start a partition suit. The court will sell the land on the courthouse steps and split the profits (if any) between y'all. Anyone can buy it...you, the bad people, me, some investor, the guy who delivers the marijuana, etc.

A partition suit will take three years (if quick) and cost $30K (if cheap).

Since the land is worth 1/2 million, it will be worth it.
 
zoning

If we rent the house without the approval of my sister-in-law, what would be the consequence? We plan to share the profits with her, However we want to recoup the expenses for the past year and a half.
 
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yes, the probate is closed, however, it has been mentioned that it is possible to reopen. If it would be of any help and a quicker means of a resolution, we would go that route but what would we do? What would be the consequence of us renting it without approval from her? Since the process you cited would take at least 3 years the house will have either fallen down or hopefully the area would have been rezone commercial. At this point some of the surrounding properties, one of which is across the street, were declined by the zoning commision. There is a lot of growth in the area and the city has bought 85 acres a block away that has recently been rezoned commercial and residential. There are plans for a mall, apartments and an upscale neighborhood. We feel once the development begins the rezoning of our area would be much easier.
 
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no we haven't, this is due to other properties in the neighborhood were delined by the zoning commission. It is our understanding once it is turned down you cannot make another proposal for a year. We were wanting to wait until the city started development on 85 acres a block away. We think once this begins it may be easier to obtain an approval.

If we rent the house without the approval of my sister-in-law, what would be the consequence?
 
trbandrews...please re-read my answer....
 
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