Greetings, Tuesday, October 18, 2011Here is the situation:My father past away on Oct 2008 in his apartment in Concord California. My mother ...

Question

Greetings, Tuesday, October 18, 2011

Here is the situation:

My father past away on Oct 2008 in his apartment in Concord California. My mother also had past away few year before my father.

My parents they had only two sons, my brother six years older than me and myself.

There is a house in Iran. Short Story my brother has not planning to sell now, or soon, I need and want my share, however, he is not fully cooperating, to either sell or buy my share in fare price of market.

Questions:

a. Do I have a right to do any legal action in the US.

b. And if I do what type of lawyer I need.

With respect

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FA

Answer

You indicate that there is a house in IRAN and that your father lived in California at the time of his death. This question is directed to Pennsylvania attorneys and I don't see what Pennsylvania has to do with this case.

Your father's primary estate will be in California. To the extent the father owned any land elsewhere in the world, an ancillary estate will have to be opened whereevr the land is located.

I am not licensed to practice Iranian law and I have no idea what it says. You will have to consult with an Iranian attorney in the province where the land is located.

In the United States, we have what is called partition where if one heir to real estate wants out, the other heir has to buy out the share of the one who wants to sell. If the heir who wants the land refuses, then the one who wants to sell can go to court and demand that the property be sold. Anyone can bid at the sale and any money is then divided between the heirs.

I have no idea if a similar process exists in Iran.

In the United States, a real estate litigation lawyer would assist. Again, the property is not here. I don't know where your brother is located. You can sue your brother for anything, but since the land is not here, I do not think a US court has jurisdiction to order any sale of Iranian property. You really need to see a lawyer in Iran. Failing that, if your brother lives in the United States, try a real estate or civil litigation lawyer in the place where your brother is located to see what other kinds of action can be brought against our brother.