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I was sent a summons to appear and defend a petition for…

Customer Question
I was sent a...

I was sent a summons to appear and defend a petition for partition of land that was inherited by me from my now deceased father. Part of the Petition is that if the costs of the suit is not paid within 60 days from the entry of the final order, a lien will be placed on the entire property. I don't want to pay my aunt's large lawyer fees just because she wants us to partition the land now. How can I answer her and her lawyer?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

It's in Lauderdale County, Meridian, Mississippi

Lawyer's Assistant: Has anything been filed or reported?

My sister in law had her land petitioned about 10 or so years ago and they actually have been living on their portion. All of us live in different parts of the United States and just didn't do it yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We don't mind partitioning the land. We were planning on that anyway. They want us to appear in court January 17th or we will be considered giving up our portion. We don't want that to happen and we don't want to pay her lawyer fees. How do we respond quickly so we can put a stop to this.

Submitted: 7 months ago.Category: Legal
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Answered in 8 minutes by:
1/4/2018
Lawyer: Bill Attorney, Lawyer replied 7 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,806
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your real property law question today. I'm attorney Bill assisting you.

The complaint isn't necessarily what the judge will grant and the judge is unlikely to allow a lien to placed on the property that is partially yours.

At this stage you can file an answer to the partition action. You should set out whether you agree to the partition or oppose the proposed partition.

If you have a copy of the summons and complaint, I can make an offer to review these as an extra service; just let me know if you need them reviewed !

If you cannot appear Jan 17th you need to immediately contact the clerk's office to request a postponement.

In any event I don't see you being liable for the plaintiff's attorney fees in a partition action as there is no fault on your behalf; in these kinds of actions both sides need to pay their own respective lawyer's fees.

You can oppose their demand for attorney's fees.

We are here to help, so please follow up with me as required.

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS today.

Thanks

Attorney Bill

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