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socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 39164
Experience:  Retired (mostly)
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This is an estate question .... When there is an undivided

Customer Question

This is an estate question ....
When there is an undivided property with three heirs ... and the heirs do not agree on settlement .. and there was a court ordered date for heirs to settle among themselves ... and they pass that time without agreement ...
I need the legal case citings to validate that the property should be sold in its entirety ..the entire undivided property, and the proceeds of the sale divided according to the percentage of ownership by the heirs ... not that one heir steps in to make an offer for a portion of the value of the undivided property, withholding their portion from the offer. And that there is no way to fairly distribute an undivided property without the sale of the entire property.
Submitted: 2 years ago.
Category: Estate Law
Expert:  socrateaser replied 2 years ago.
Hello, There is no case law that requires the court to sell estate property, vis-a-vis ordering title conveyed to the various heirs as equal tenants in common. Howevver, the court has discretion and authority to make such an order. "the general jurisdiction of a probate court", includes jurisdiction to "settle accounts of executors, administrators, and guardians", and to "transact all business appertaining to the estates of deceased persons . . . including the sale, settlement, partition and distribution of the estates thereof." [emphasis added] See In re Griffin's Estate, 99 Okla. 676, 678 (1947). In sum, this is a circumstance where you would argue to the court that the best course of action is a sale of the property and distribution of the net proceeds of sale. The best argument in favor of this position is that once probate is closed, the parties will be forced to file a separate action for partition and sale, assuming that they cannot agree upon a suitable disposition of the property -- and the probate court can avoid this outcome by ordering the property sold, before the estate is fully administrated by the court. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!
Customer: replied 2 years ago.
Guess I need to further explain what I am seeking ... and why I have come to this site ...
I am an heir ... there is a forced sale ... the property is prime broadway property ... it has a corner exposure and about half a block of property ... two brothers have 2/3rd of the property ... but rather than to sell the whole property and divide up the profits ... they say that only 1/3 of the property should be sold ... leaving them with more than half of a three hundred dollar appraised property ... and a similar property sold at auction for twice the appraised value ... they put in an offer for 1/3 of the value .. and the executor accepted their bid ... but without a public auction that was what the court had declared ... and with a prime corner lot that was not sold as the entire undivided property, then I am screwed out of over 100.000 and the brother got a 300,000 property for less than 1/3 the value ... so I need to know about some undivided property that needs the entire property sold to be a fair and equal distribution, as without the whole undivided property, then the corner value and main street value ... the sale is not a fair and equitable division of property
Expert:  socrateaser replied 2 years ago.
You say that the court "declared" that the property must be sold. If that's true, then it doesn't matter what the other beneficiaries want. If they refuse to sell the property, and your court orders are insufficient to expressly require a sale by some future certain date, then you return to court and ask the judge to make the orders sufficiently specific to eliminate further dispute. You can also ask that the court appoint a receiver to sell the property and collect the revenue. This is the typical method used where beneficiaries are intransigent. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!
Customer: replied 2 years ago.
I am not being clear enough ... and the answers are too vague ... I must reevaluate what I need to say to get an answer .. I know there are case citings for what I seek ... but so far we haven't found them .. I don't have time to go to the library .. and my attorney is in a small office .. so I try to help by finding the path for research answers ... to speed the closing of the estate ... let me try to find out how to word my question so that you understand what I am seeking .. I am so disappointed that I was supposed to be charged 5 dollars until I had answers ... I was already charged 47 dollars ... and we are having a communication problem, and your website has become more coomplicated with so many advertising places that it is confusing ...
Expert:  socrateaser replied 2 years ago.
I have comprehensive access to the WestlawNext(tm) legal research system. This is the same costly system used by every state and federal court of appeals and supreme court. I am an expert at legal research, and I write appellate briefs for a living. If you would like to see examples of my research provided in this forum, I invite you to "google" my userid, and browse the Q&A sessions that are returned by the Google search engine. I believe you will find that nearly all of my answers are heavily cited to legal authority. Those that are not authoritatively cited, are typically due to there being nothing to cite. I admit to being fallible, but in general, I rarely miss an important case, when provided with a research project, and sufficient facts. I have run various keyword searches through WestlawNext, and I do not find the sort of specificity that you believe exists. If you believe that you can get better information, elsewhere, you are welcome to use your own resources. Concerning what you were promised by the website, please understand that I don't have any control over the website's marketing literature or promises. I only control my research materials, and my personal abilities -- which you are certainly entitled to question. However, research takes time, and for me, my time equals money. When dealing with a client, outside of this website, I charge several hundred dollars per hour to conduct the sort of research you are requesting. And, while the amount that you may be offering at this website to obtain research may be considerable, please understand that I don't receive anywhere near what you offer. I spend from 5-15 minutes researching questions posted at this website (dependent upon the amount offered, and, frankly, my subjective view of the customer's question information as provided: account history, need, ability to pay, subject matter, probability of receiving payment. You may believe that you haven't received your money's worth. I can't prove a negative, so if no case law exists, I'm in the unfortunate position of providing little or nothing, and hoping that the customer will pay, regardless. Naturally, very few customers are willing to pay for little or nothing. Customers expect me (and everyone else at Justanswer) to answer the questions "on the come," to use a well-worn gambler's expression. This requires that I bear all of the risk, even though, a customer may post a question that is impossible to answer to te customer's satisfaction. That said, if you have some proximity keywords that you would like me to run through WestlawNext, tell me what they are, and I will return citations to the top five cases that appear (including their WestlawNext reference number). This, at least will show you that I'm not engaged in a "smoke and mirrors" exercise. If none of this is good enough to satisfy you, then just let me know, and I will either opt out, and let you talk to someone else, or if you prefer, I'll send a request to customer service to refund your money. I don't want to waste your time -- or mine. Thanks again for using Justanswer.