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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33544
Experience:  Began practicing law in 1992
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There is an undivided property of 64.5 acres that has been

Customer Question

There is an undivided property of 64.5 acres that has been willed to 4 people equally. The executor deeds has been recorded to each individual. Does a division in kind have to processed to divide each section if all individuals are not wanting to sell?
JA: Where is the property located?
Customer: In Nacogdoches Tx
JA: Has any paperwork been filed?
Customer: Executor deeds
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

It depends on how the will was written but normally the deeds would just be done to the four people as joint tenants in common. In order for it to be individual sections then there would have to be a process done that is known as a partition suit although likely it wouldn't require an entirely different lawsuit, it could be done in the midst of the probate. The issues would be that the estate shouldn't pay for the costs of doing the partition.

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