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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34789
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My mother past away and left land to me and my three

Customer Question

My mother past away and left land to me and my three sisters. In the will it didn't say who gets what part it's all together about 74 areas. My question is: I have 15 areas by this land, and I would like to keep my fourth of the land. Just add it next to the already land I have...
Letting them have theirs to sell and get money for their part . Can I do this. They don't want to keep land. But I like to have my fourth cause it means something to me and it's right by my home . What can I do to get this . ?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If it was not specified in the will that a particular area goes to a particular person, then you each own 1/4 of the entire tract in an undivided interest. In order to be able to carve out your piece, you would have to either get the siblings to agree to allow you to have a survey done and a subdivision of the property and then they deed their interest over to you in the smaller tract and you deed yours over to them for the larger tract...Or you have to file what is called a "partition action" against them once you have received the property from the estate and argue to a judge that he should order a physical division of the land rather than just a sale of the entire parcel and split the money.

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So obviously the voluntary agreement is the simplest way and if you paid the costs of any survey and subdivision, then they could sell off the remaining 3/4 and divide up the money between the 3 of them.

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thanks

Barrister