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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 54347
Experience:  29 years of experience practicing law, including tax and estate planning.
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After one a parent has past away and left their part of a

Customer Question

after one a parent has past away and left their part of a piece of land to their children and stated that their part be sold and given to her children and is in the will can the other parent stop them fro saleing
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Good morning. My name is ***** ***** I look forward to helping you this morning. No, the other parent cannot prevent a sale in the long run. If the surviving parent is not willing to consent to the sale of the property or purchase the interest left to the children, the children have the right to file a suit for partition. When there are co-owners of property and one or more want to sell (Group A) and one or more do not want to sell (Group B), if Group B won't either agree to sell or purchase the interests of Group A at a price agreeable to Group A, then Group A can file a suit for partition. The result of that suit will be one of the following: i) if the property can be equitably subdivided, the court will order the property divided into smaller parcels with each owner then owning 100% of their own smaller tract with full control over that tract; or ii) if the property cannot be equitably subdivided, the court will order the property sold and the proceeds divided. The reality is that in most cases, once Group B finds out the certainty of the result of a suit for partition, those in Group B typically agree to the sale without the suit to avoid the costs of the suit. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

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