QUESTION

What is the procedure for selling heir property in Alabama when the family does not agree. Some members go down once a year to rent out spaces for a

Asked on Nov 01st, 2011 on Real Estate - Alabama
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local celebration without the consent of the others. It is a very lucretive event and has been the source of a family dispute for generations. What can we do. It''s a very large group of owners.
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Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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You have given very little information about the issue.  If, indeed, the property has passed through an estate and is now owned by a group (whether large or small) of heirs, it can be sold by either of two ways.  The first is for the "group of owners" to voluntarily get together and agree to sell the property and then place it with a professional broker to maximize the return.  If the "group" -- the owners -- cannot agree to do that, any one of the several fractional owners can file a lawsuit in the Circuit Court where the property is located and ask the court to either partition the property among the several owners or to sell the property and divide the net sale proceeds.  If it is practical to partition the property among the several owners, the court will almost certainly do that.  If the property cannot reasonably be partitioned, the court will order the Clerk of the Court to auction the property off at a public auction.  Anyone can bid on the property.  If the property is vested in some kind of Trust, family limited liability company or some other vehicle for holding title -- and not in the heirs personally -- it may not be possible to achieve a court ordered sale in the manner described above.  You should confer with a competent real estate attorney and provide better details on how title to the property got dispersed as it was.  A brief conference should bear a modest cost and the information would enable you to see your options clearly.
Answered on Nov 08th, 2011 at 2:46 PM

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