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Roger, Attorney
Category: Estate Law
Satisfied Customers: 31770
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My dad passed away but he had remarried then his wife died

Customer Question

My dad passed away but he had remarried then his wife died me an my sister own 2/3rds of the land an home the 3rd party haven't probated theirs moms will since me am my sister own 2/3rds so in theory I own 2/3rds I don't know who owns the other third all I know is that me an my sister have been paying the taxes for the past 3 years any way so if started cleaning the place the third party I just say the widows kids have stolen all the furniture an my dads tools the will,states the furniture is for her for rest of her life so any way I don't really care about the small things the land is worth millions so I have started taking possion of the place changing locks the widows kids have allowed people to hunt deer their when their is no insurance on the place their was no up keep on the place so I been driving 5 hour round trips but I do stay their a few days at a time my question is am I doing the trick thing
Submitted: 1 year ago.
Category: Estate Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. The first thing you should do is have a local lawyer check the title to the property and give you an opinion as to who owns what ---- and who owns the other 1/3 of the property. Then, you could decide if you want to co-exist and own the property together, whether you want to buy the other 1/3 owner out or if you want to file a partition lawsuit against the other 1/3 owner and force the division of the land so you can own yours separately from the other 1/3 owner.
Expert:  Roger replied 1 year ago.
But, as a joint owner, you have the right to secure the entire property, BUT if any owner allows someone to use the land (such as these hunters), the other owners do not have a legal right to stop it. So, if this is a big problem, the partition of the property is likely he best option.