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Roger
Roger, Attorney
Category: Estate Law
Satisfied Customers: 31230
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My mother passed on Oct. 2015..I,her closest living relative

Customer Question

my mother passed on Oct. 2015..I,her closest living relative was given in her will 1/3 of her estate which consisted of 42 acres of land and a house. And soon after my mothers death the other two nephews who were the in the will decided to sell the house property...I protested and told them I would not agree with any of it.. I am sure that they will take me to court and force me to sell my 1/3 along their share.. What options do I have.. BTW the farm is in Swain County,NC ...
Ron Mashburn ***@******.***
Submitted: 5 months ago.
Category: Estate Law
Expert:  Roger replied 5 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 5 months ago.

Unfortunately, you cannot stop the other co-owners from filing a partition lawsuit and selling the property. However, you will have the right to receive fair market value for your interest in the property OR the option to buy the other owners out.

Expert:  Roger replied 5 months ago.

Generally, if the other owners file a partition suit, the court will order the property to be appraised. Once that occurs, the court will give any owner the opportunity to buy the others out. IF there are no takers, the judge will order that the property be sold and the proceeds be divided equally between the owners.

Expert:  Roger replied 5 months ago.

Here's a good link you can read: http://www.partitionaction.com/states/north-carolina/

Expert:  Roger replied 5 months ago.

Also, if the property is divisible, the court can divide the property. However, if there's a house on the land, it is not likely equally divisible because you generally cannot divide a residence.

Expert:  Roger replied 5 months ago.

Please let me know if you need anything further. Thanks!

Expert:  Roger replied 5 months ago.

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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