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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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We are involved in a property division of my dad's estate (

Customer Question

We are involved in a property division of my dad's estate ( since 2010) there are 2 sisters , my brother ( ret.cop) & myself. We built our retirement home out here in 1999 & had to put in a road 30k at that time. ( have most of the receipts). This angered the siblings since m dad gave us an easement & 4 acres to build on ( separate deed). We recently had a mediation. Our lawyer was abysmal. They got 4600' of creek frontage, the house , barn & cow pens. We got to keep our road, the land around out 4 acres, 85 inherited acres. They wanted to use part of our road even though there were other ways forbthem to access their acreage. We finally gave in , also aquiring a 55k bill for 30 add'l acres. End of the day;our lawyer sd this was to be a rough draft & would be solidified after survey complete. He brought in the agreement, handed to me & sd, initial here , here, & here and sign here. Grabbed the papers & sd I'll get copies made. We were brain-dead & should have sd "wait just a minute, but...". When we got home, the exhibits on the back did not get initialed by me, I didn't get to see them in the rush. We started reading & the easements were not at all what we said! He took it upon himself to change it & conveniently skipped over that! We were livid. The agreement sd we had 14 days to revisit the agreement with the mediator & siblings. Our lawyer sd that didnt mean anything & we should not "rock the boat". The survey will be done next week & they are already accusing us of damaging the property ( rotted post in the cow pens). I'm the one with the cows & have been leasing this place since 1982. Do we have any kind of recourse or were we just steamrolled by our "lawyer"? If we reneg on the agreement & say let partitioncourt decide; what can they do to us. We have already spent over 29k out of our 401k; we're retired & worried about being wiped out. Obviously we can't trust our lawyer.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 9 months ago.

I am sorry to hear this.

Was this a Court ordered mediation?

Did you sign the agreement?

Customer: replied 9 months ago.
I think this may be resolved. Thank you.
Expert:  N Cal Attorney replied 9 months ago.

OK, do you want to withdraw your question?

Customer: replied 9 months ago.
I would like to withdraw my question at this time. thanks for your quick response

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