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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42184
Experience:  Texas lawyer for 30 years in Estate law
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Where can I get the proper paperwork to file a petition to

Customer Question

Where can I get the proper paperwork to file a petition to divide,it's for a will depute..
Submitted: 11 months ago.
Category: Estate Law
Expert:  RayAnswers replied 11 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 11 months ago.

Are you wanting to make application for probate here or what?

Customer: replied 11 months ago.
Probate on the will is already in affect, the attorney over the will said I need to file a petition to divide, for the separation of land. There is some family members who don't want to sell and more of us do to be done with problems this has caused about land .i was willed land as well as 7 others ,but there is 3 who don't want to sell and one is over will who refuses to sell out or buy others out,so the attorney over will said need to file petition to have judge divide to settle will despute
Expert:  RayAnswers replied 11 months ago.

Land can be divided through a partition in kind or a partition by sale. A partition in kind physically divides the property by carving out a piece for each party. A partition by sale orders a sale of the property at auction, and the parties divide the proceeds from the sale. The division of the proceeds or land depends on the type of tenancy the parties held the property in. If they were joint tenants, they have to share the land equally. If they were tenants in common, they will split the partition according to each person’s ownership interest.

Expert:  RayAnswers replied 11 months ago.

A partition in kind is a division of the property itself, whereas partition by sale constitutes a forced sale of the land, followed by division of the profits thus realized among the owners of the real estate. A common example of the partition by sale occurs when more than one person inherits a house or building.

A Real Estate Partition often occurs after heirs or beneficiaries inherit a house or other real estate that cannot be divided.

This is you r remedy here in Texas to seek court ordered sale and division of funds after expenses.

I appreciate the chance to help .

If you can positive rate 5 stars when we are done it is much appreciated.

Customer: replied 11 months ago.
Thank you for your time,I will review the sited and do what u can with it ..
Expert:  RayAnswers replied 11 months ago.

You are so welcome and the best here.

If you can rate 5 stars it is much appreciated.Have a great evening.