QUESTION
Need to find a lawyer to help with family property gifted from father to one of his 3 sons as property manager.
Asked on Mar 09th, 2021 on Wills and Probate - Georgia
More details to this question:
09 March 2021 12: Need to find a lawyer to help with family property gifted from father to one of his 3 sons as property manager. His name is on the deed, but all 3 sons are suppose to share in 3 way split of property and all 3 have paid taxes on this land since 2004. However, the brother whose name it is in, hasnot sold it and we would like to get this resolved. How can we get our share of this property if brother never sells it? It's been almost 17 years now and would like to see this get settled. Any advice on how to proceed here? If this brother whose name is solely listed were to die, how would we get our share or would it go his wife and children since it's in his name only? we just have a letter from the father saying we are all part owners in it, though the deed to it is only the one brother. Need advice on how to best resolve this matter. Do we change the deed to get all of our names on it? Do we make that one brother buy us out based on current level of land ?
1 ANSWER
Probate Litigation Attorney serving Lawrenceville, GA
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Robert W. Hughes & Associates, P.C.
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Depending in how the brother has his name on the property, there may be nothing you can do. You need a lawyer experiences in estate planning and probate administration to assist you. If the land was given to the brother on some condition thst it be divided, you might be able to establish a constructive trust. The entire solution revolves around the deed he has came to be.
Answered on Mar 13th, 2021 at 5:55 AM