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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7415
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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My dad died in January. My brother and I received a parcel

Customer Question

My dad died in January. My brother and I received a parcel of land in the settlement. We had a verbal agreement that we would have the parcel surveyed and halved so we could have our own deed to each half. I suggested putting it in his name simply because I work out of town and wouldn't be able to maintain or manage the land.
Since then he has become evasive and wont talk with me at all. His last few text messages said that I was not to have any one do anything on "his land". And he would have me arrested for trespassing if I went on "his land".
My question is what can I do to protect my interest in the parcel? I have at least two and possibly four witnesses to the verbal agreement. One of which is the paralegal that worked for the lawyer handling the will. This is a time sensitive issue. Because my brother has "come out of the closet", leaving his wife and daughter for another man or men. He has let it be known, (even to me), that when he gets the land sold he wont be heard from again in these parts. Family members have all tried to get him to come talk this over and get things settled. He either wont respond or tells them I am psycho and have threatened him. I'm getting anxious because he already has a buyer lined up. And he should have the deed in hand very soon.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Irwin Law replied 2 years ago.
And he should have the deed in hand very soon. I am not sure about what that means. If you both inherited the land, then your name is ***** ***** record of title and he cannot sell it on his own. You would have to sign the deed to a buyer. You brother is obviously under a lot of psychological stress. Putting the property in his name is ***** ***** If the property is capable of a physical division, a court can order that done by way of a suit for partition. That is, if the owners can't agree to do it on their own. I hope that this information is helpful and that you will assign it a positive rating.
Customer: replied 2 years ago.
Sorry for being too vague. My sister was the executor of the will. She designated what we each received. For the will only said to divide among the four children at her discretion. She was a little overwhelmed by the whole thing. The parcel of land was 60 acres. She didn't want the hassle of getting it surveyed and divided. So it was agreed that it would just be handed to one of us and we would either sell and split the proceeds. Or have it surveyed and deeded ourselves. So I really didn't expect my brother, with whom I am really close,(or so I thought), would ever pull this greed driven stunt. So I signed papers allowing the land to go in his name with the understanding,(verbally), that we would divide it later. If I have no recourse please give it to me straight. I think I can handle it
Customer: replied 2 years ago.
I know the guy wanting to purchase the land. I considered calling him and telling him that I am going to lien the property. But thought I better seek legal advice first
Expert:  Irwin Law replied 2 years ago.
You and your other siblings are clearly at risk of being cut out of the proceeds from the sale entirely, unless you take legal action now. Your sister's actions did not follow the willl, and she could not legally put the title in only one heirs name. Your brother might be called a "constructive trustee" under the circumstances you describe; however it will require a court judgment to enforce that interpretation. A lawsuit to enforce the agreement among the heirs would stop any Attempted sale by your brother in its tracks. If you do nothing , you will have only the hope thatyour brother abides by the settlement agreement. I hope that you will enter a positive rating for this answer and I wish you the best of luck in whatever choice you make.
Expert:  Irwin Law replied 2 years ago.
HELLO AGAIN. I hope that my Answer has been helpful. If you need more information, please send me a Reply. If not, I hope that you will enter a positive rating for my Answer so that I can receive credit for assisting you. Thanks again for using JUST ANSWER.