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A large number of children have inherited some land and they…

Customer Question
A large number of...

A large number of children have inherited some land and they want to sell the property. This is the problem!
#1 All of the living offspring have agreed to sell the property.
#2 Four Grandchildren have inherited their share of the property after the death of their mother.
#3 Two of the four of these grandchildren has refused to agree to sale the land, but the other 2 sibling agree to sale the land.
#4 One attorney tells us that these 4 get one vote together, and that if 2 agree and 2 disagrees; then their
vote gets canceled out and does not count.
#5 Another attorney states that even if all the siblings agree; and even if one of the grandchildren that shares a vote doesn't want the land sold. It can't be sold! Attorney states that you must have a 100% to agree to sale the land. Otherwise the land can only be sold at auction.

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

Yes!

Lawyer's Assistant: Where is the land located?

Arrington, TN 37014

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

Arrington, Tn 37014

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 8 minutes by:
5/2/2018
Real Estate Lawyer: Bill Attorney, Lawyer replied 2 months ago
Bill Attorney
Category: Real Estate Law
Satisfied Customers: 2,617
Experience: Attorney
Verified

Dear Customer,

Thank You for posting your estate law question this evening. I'm attorney Bill assisting you with the question in relation to the sale of estate property.

In cases where the beneficiaries to the estate are in disagreement as to the sale of a joint-property the executor of the court can submit the matter to the probate court and request the court rule on the matter, including ordering a sale , buyout or other arrangement.

Because some beneficiaries are entitled to their inheritance a sale is usually ordered but those opposing the sale would have the option to but at market rates.

We are here to help so please follow up with me on this question as required.

In return by rating positively I get a credit for my time today.

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

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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Customer reply replied 2 months ago
You really did not answer my personal situation.
Customer reply replied 2 months ago
are you still there
Customer reply replied 2 months ago
you did not answer my questions
Real Estate Lawyer: Attorney Wendy, Lawyer replied 2 months ago
Attorney Wendy
Category: Real Estate Law
Satisfied Customers: 1,192
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. If these various heirs - the offspring and then the 4 grandchildren (children of the deceased offspring) - all inherited a single piece of property, the second attorney's opinion you reference above is likely the correct one. When property is inherited by more than one person it becomes or is inherited as what is known as a Tenancy in Common. This means all the owners - regardless of their percentage of ownership - have the same rights to enjoy the property. It also means that all the owners would have to agree to sell the property. If even one does not want to sell, a sale would be difficult to obtain.

One option is to file a request to partition the property. A partition involves the court reviewing the property and ownership and determining whether it can be physically divided such that the owner's can exercise their ownership rights over separate/divided parts of the property. If the property includes a single structure, then in your situation that may not be a practical solution but it may be a point of leverage. In other words, perhaps you can persuade the one hold out to agree to sell if the alternative is the rest of you seeking to partition the property and leave that one person with a small slice of the property and the rest of you selling the rest of it to a third party.

The sale at auction suggestion is due to the fact that if even one of the heirs refuses to agree to the sale, then clear title cannot be provided in a regular private sale, but someone may be willing to purchase at auction for a much lower price knowing that the one (or two ) grandchildren may still claim some rights to the property.

I hope this information answered your question and that I provided excellent service. If that is the case, I would greatly appreciate your 5 star rating at this time. If you have follow-up questions, feel free to reply to this email.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Real Estate Lawyer: Attorney Wendy, Lawyer replied 2 months ago

I just wanted to check back to see if you needed any further assistance.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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