QUESTION
How can I divide the land between the heirs upon my death?
Asked on Oct 02nd, 2013 on Estate Planning - Idaho
More details to this question:
I left 109 acres in a warranty deed with rights of survivor to be divided between the heirs upon my death. However, the grandson has got the title and has it in his name and he has a mortgage on it. My other heirs have built homes on their share and now he is trying to force them off of the property. What do I need to file or how can I stop this.
11 ANSWERS
First, you need to determine how the grandson got title. If fraudulently, you need to go to court to reverse it. Because the other heirs have already built homes, you need to transfer the properties to them. I am surprised that they could do so without proper title and title insurance. This sounds like a big mess to me, and I recommend that you hire a good real estate lawyer.
Answered on Nov 19th, 2013 at 6:15 PM
Divorce Attorney serving Bingham Farms, MI
at
Gottlieb & Goren, P.C.
Update Your Profile
You need a lawyer to review the documents and, if necessary, to start a court case to straighten out who owns what at this time.
Answered on Oct 24th, 2013 at 10:24 AM
Edwin K. Niles
You should see a lawyer right away. How did grandson get title?
Answered on Oct 23rd, 2013 at 1:32 AM
3 Awards
You need to retain counsel. This type of problem cannot be addressed in a forum like this. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Oct 23rd, 2013 at 1:31 AM
How did the grandson get title? Sounds like he owns it and you do not. Did you give it to him? Why do you think you have anything to say about what happens to the property?
Answered on Oct 23rd, 2013 at 1:31 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
Your summary is very confusing. On the one hand, it implies that the deed directed division of the property upon your death. On the other hand, you state that your grandson now somehow has title. How did this happen? More information is needed. I would strongly suggest that you review all the facts and the documents in question with an attorney. Most of us do not charge for an initial consultation. That will give you a much better idea of where you stand.
Answered on Oct 22nd, 2013 at 3:48 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
This makes no sense. If you make a deed, that's a present transfer, not a testamentary transfer. If you transfer land to several people, no one of them can "get the title." A deed is not like a car title, it is not an ownership document it is a document that transfers ownership. One hundred and nine acres is worth some money. Pay a few bucks to get a good real estate lawyer to tell you how to resolve whatever the heck is going on.
Answered on Oct 22nd, 2013 at 3:36 PM
Admiralty / Maritime Attorney serving Monrovia, CA
at
The Law Office of Nathan Wagner
Update Your Profile
A warranty deed with rights of survivor ship will not divide the property when you die. Instead, it causes that last living person named on that deed to be the sole owner of the entire property. In the meantime, every person named on the deed has the right to use the whole property and to collect their share of the income from the property. You or your heirs could file a partition action, which is a court case asking for the property to be divided up into smaller parcels now.
Answered on Oct 22nd, 2013 at 3:34 PM
2 Awards
Your situation is very complicated and you need to speak with an estate attorney ASAP or there will be long term litigation soon which will be expensive and fracture your family.
Answered on Oct 22nd, 2013 at 3:21 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Sir you are advised to seek the assistance of probate legal counsel to assist you reacquiring the title, which may be very difficult; this appears to be a litigation problem, so an attorney experienced in litigation will be required.
Answered on Oct 22nd, 2013 at 3:00 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You need to talk with a local attorney. The answer depends on how you actually deeded the property.
Answered on Oct 22nd, 2013 at 2:28 PM