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 | 2303 Views | More Legal Topics

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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.

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