What to do about heir property?

Question Details:My grandmother left 78 acres to her 2 sons and nephew (all named on deed with spouses) and no one can do anything without the others consent. Upon the death of my dad (nephew) and the last remaining son, does the property go to the children (my dad is writing a Will); if so, does everyone have to agree before anything like selling the land could occur? I'm asking because my dad is the one who paid for the land originally; the only one who's paid property tax on the property for the last 25-years. So his children (me and my siblings) want to keep the property in the family.

Asked 5 years ago under Wills, Trusts, Probate | 2341 Views | More Legal Topics

Are you an attorney? Sign up to answer this question.
B. B., Member, New Jersey Bar | FreeAdvice Contributing Attorney Answered 5 years ago

I'd suggest that your father should go to court, to try and get full title to the land for himself, while he's still alive, it would make things quite a bit simpler than for you and your siblings to assert his rights after he's gone.

Your father will need the records to show that he's paid the taxes and the expenses;  the other owners should be liable for their fair share of that expense, which might help get things sorted out.  There's a chance that he might have to pay them some money, though, to buy out their interests.

If you want to sell the land, and can't get everyone's agreement, you can go into court, and the court will divide up the land into separate parcels, for the different owners.

Attorney Quick Finder

Top Ranking Attorneys

  • Gregory Abbott 72 Answers | Points 700 Bronze Contributor
  • Anne Brady 937 Answers | Points 700 Platinum Contributor
  • Joanna Mitchell 11 Answers | Points 450 Bronze Contributor
  • Maury Beaulier 322 Answers | Points 450 Gold Contributor
  • Christine Socrates 17 Answers | Points 400 Bronze Contributor
  • Terence Fenelon 226 Answers | Points 250 Gold Contributor
  • Anne Brady 937 Answers | Points 46830 Platinum Contributor
  • Kevin Bessant 741 Answers | Points 37030 Platinum Contributor
  • Hong Shen 568 Answers | Points 28400 Platinum Contributor
  • Catherine Blackburn 566 Answers | Points 27770 Platinum Contributor
  • Victor Waid 522 Answers | Points 26060 Platinum Contributor
  • Tricia Dwyer 480 Answers | Points 22150 Gold Contributor