Detailed Answer

If you want to keep a family property and buy your siblings’ ownership shares instead of selling the home, Nebraska law gives you several paths. Which path works best depends on how the property is titled now, whether it passed through probate, and whether your siblings agree.

Step 1 — Confirm who actually owns the property now

Before you make any offer or sign paperwork, get a clear title picture. Possible scenarios include:

• Title was solely in your father’s name and the estate ownership has not been settled in probate.
• Title passed to heirs by probate (or by a transfer-on-death, joint tenancy, etc.).
• Title already lists multiple owners (tenants in common or joint tenants).

If the property is part of an open probate estate, the personal representative (executor or administrator) may control transfers until the estate closes. If the property already vests in heirs (for example, probate is completed and title transferred), each heir’s ownership share is the relevant starting point.

Step 2 — Get a professional valuation

Order a current licensed appraisal or a broker price opinion. A neutral, documented value helps you make a fair buyout offer and reduces later disputes.

Step 3 — Make a written buyout offer and propose payment terms

A buyout usually happens by written agreement describing:

• Which party is buying and which parties are selling;
• The agreed price for each seller’s fractional interest (often based on the appraisal);
• Payment terms — lump sum, seller financing, promissory note, or assumption of liens;
• How closing will occur and who pays closing costs; and
• Any contingencies (title review, inspection, appraisal confirmation).

Step 4 — Use the right documents at closing

Typical documents include a purchase agreement, a deed transferring each selling sibling’s share (often a quitclaim or warranty deed), and a closing statement. After closing, record the deed at the county register of deeds to update title.

If a sibling refuses to sell — your legal options

If one or more co-owners refuse to accept a buyout, you can try mediation or negotiation first. If that fails, Nebraska law allows a co-owner to ask a court to divide or sell the property through a partition action. Under Nebraska’s partition statutes, a court can order a physical division (partition in kind) if it is fair and practical; if not, the court can order a sale and split the proceeds among the owners.

See Nebraska’s partition statutes: Neb. Rev. Stat. § 25-2101 et seq.

Common ways to structure a buyout

• Lump-sum cash payment — simplest if you have funds.
• Sellers carry a note — you sign a promissory note and pay over time; document with a mortgage or deed of trust as appropriate.
• Refinance the property — refinance into your name and use proceeds to pay siblings.
• Gradual purchase — pay percentage at intervals tied to milestones or tax years.

Tax and cost considerations

Be mindful of potential capital gains taxes, transfer taxes, and closing costs. If the property came from your father’s estate, heirs may get a stepped-up basis for tax purposes, which affects capital gains calculations later. Talk to a tax professional before finalizing terms.

When you should get a lawyer

Even with an amicable family, a lawyer helps with drafting buy-sell agreements, preparing deeds, ensuring a clean title transfer, and protecting you if a co-owner later challenges the transaction. If litigation (partition) is threatened or probate issues complicate the transfer, hire a Nebraska attorney experienced in real estate and probate.

Helpful Hints

• Start by confirming title: run a title search or request a preliminary title report.
• Document everything in writing and keep records of appraisals, offers, and communications.
• Use a neutral, licensed appraiser—not a family member—to set value.
• Consider mediation to preserve family relationships and avoid costly court battles.
• If you plan seller financing, ensure the note and security instruments are professionally prepared and recorded.
• Check whether the property was part of a probate estate before making offers; the estate process can limit who can convey an interest.
• Factor in closing costs, title insurance, recording fees, and possible broker fees if selling is ever required.
• Be aware a co-owner can force a partition; if you prefer to keep the property, try to reach a written agreement before litigation starts.
• Consult both a Nebraska real estate attorney and a tax adviser before finalizing a buyout.