Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
I would not let them close this out.You would want to force a sale here, even if it is an auction .Otherwise you have situation with multiple heirs owning undivided interests.If the land hasn't sold in like 15 years either they have it overpriced or are not making a good faith effort.I have seen this time and again the time to force a sale is now.You can write the judge and insist on it.
If you let them say deed it to the heirs here you are just putting off problems down the road and legal fees.You would then have to file a suit for partition to force a court ordered sale.I would seek to either force this not through auction or a division of the property equitably so that you have a deeded interest.
Here I would write the judge asking that the proprrty be sold here by auction if necessary.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Please complete my answers to the question 1. title after closing of probate.
I am assuming the executor here would do a fiduciary deed to the heirs to transfer to title to you .
Check the county deed records to see if that is the case.
2. who owns property at this point , how do we maintain our rights.
If title is in your name then all you need to do is pay the property taxes.
Check the deed property records and see if you have problems.
If probate is closed then you would all either agree to sell or file suit for partition.Again if probate is open I would seek a forced sale here by auction if you have too.
Thanks for your patience today.
Let me know if you have more, thanks.