a family member sold my land how do i get it back?

[ParkDC]

What is the name of your state (only U.S. law)? New York

when our father passed away, the land was divided evenly amongst 3 of us. I was living in California and the land is in Central NY, i just recently found out that one of my family members sold my land to another without my permission, neither of them are communicating with me, it happened in 2012 and i'm beyond upset of course. My are my legal rights and what can i do to get it back?

 

[Zigner]

What is the name of your state (only U.S. law)? New York

when our father passed away, the land was divided evenly amongst 3 of us. I was living in California and the land is in Central NY, i just recently found out that one of my family members sold my land to another without my permission, neither of them are communicating with me, it happened in 2012 and i'm beyond upset of course. My are my legal rights and what can i do to get it back?

Did they sell your land, or did they sell their 1/3 interest to the other sibling, meaning that you own 1/3 and another sibling owns 2/3?

 

[ParkDC]

Did they sell your land, or did they sell their 1/3 interest to the other sibling, meaning that you own 1/3 and another sibling owns 2/3?

i guess its a little more complicated. My mother divided the land up and gave all 3 of us 20+/- acres each. she gave the paperwork to my two brothers in 2004 but didn't give me mine until 2007 because i live in California and didn't get back until 2007 to sign the paperwork. My mom gave me the land and it was in my name, but she agreed to continue to pay taxes on it because i was going through a break up and she and i agreed that i would reimburse her for any funds paid out of her pocket for taxes etc. when i came back to NY.

Well 2011 i flew back to NYS when i got a disturbing call that my mom wasnt doing well and that she had ALZ and Dementia. I wasn't home for more than 15 t 20 min came back and there was an altercation where my younger brother was having a fit about something and my mother asked if i could take him into town and get him out of the house while she prepared Thanksgiving Lunch. On the way to the store, i was driving and my younger brother was ranting about how he gets everything when mom leaves because he was the only one there for both parents and I said, "Actually, thats why i'm here, because you have financially drained them for the LAST TIME" , and when i said that, he unleashed about 8 punches to my face while i was driving, so i immediately pulled over and got him out of the car and went back home.

My mother was in shock and said, did you wreck the car? I replied, NO, your other Son, my Brother, punched me in the face on one of his rages, she asked if i wanted to press charges, and at that time i was so in shock, i just said, I just want to go back home to California! So I did. Meanwhile No one told me that mom's condition was so bad that she didn't pay her mortgage in almost 2 years and the house was being foreclosed and that she didn't pay her taxes or mine. NO one told me.

So my younger brother i'm guessing took some of her money paid the back taxes of $2,000 for her land and $2,000 of my land and sold my land to our uncle for $15k , and my mother is living out in Cali with me now and both of us are in shock that he sold my land and now has possession of hers ?

Ev

 

[Zigner]

i guess its a little more complicated. My mother divided the land up and gave all 3 of us 20+/- acres each. she gave the paperwork to my two brothers in 2004 but didn't give me mine until 2007 because i live in California and didn't get back until 2007 to sign the paperwork. My mom gave me the land and it was in my name, but she agreed to continue to pay taxes on it because i was going through a break up and she and i agreed that i would reimburse her for any funds paid out of her pocket for taxes etc. when i came back to NY.

Well 2011 i flew back to NYS when i got a disturbing call that my mom wasnt doing well and that she had ALZ and Dementia. I wasn't home for more than 15 t 20 min came back and there was an altercation where my younger brother was having a fit about something and my mother asked if i could take him into town and get him out of the house while she prepared Thanksgiving Lunch. On the way to the store, i was driving and my younger brother was ranting about how he gets everything when mom leaves because he was the only one there for both parents and I said, "Actually, thats why i'm here, because you have financially drained them for the LAST TIME" , and when i said that, he unleashed about 8 punches to my face while i was driving, so i immediately pulled over and got him out of the car and went back home.

My mother was in shock and said, did you wreck the car? I replied, NO, your other Son, my Brother, punched me in the face on one of his rages, she asked if i wanted to press charges, and at that time i was so in shock, i just said, I just want to go back home to California! So I did. Meanwhile No one told me that mom's condition was so bad that she didn't pay her mortgage in almost 2 years and the house was being foreclosed and that she didn't pay her taxes or mine. NO one told me.

So my younger brother i'm guessing took some of her money paid the back taxes of $2,000 for her land and $2,000 of my land and sold my land to our uncle for $15k , and my mother is living out in Cali with me now and both of us are in shock that he sold my land and now has possession of hers ?

Ev

You need an attorney - your matter is way beyond the scope of this (or any) internet forum.

 

[justalayman]

Meanwhile No one told me that mom's condition was so bad that she didn't pay her mortgage in almost 2 years and the house was being foreclosed and that she didn't pay her taxes or mine. NO one told me.

So my younger brother i'm guessing took some of her money paid the back taxes of $2,000 for her land and $2,000 of my land and sold my land to our uncle for $15k , and my mother is living out in Cali with me now and both of us are in shock that he sold my land and now has possession of hers ?

Ev

so, did you ever receive a deed for the property?

and for your brother to buy the land for back taxes it would have had to go to a tax sale. If it was YOUR property he could not redeem it by simply paying the back taxes. Either way whether it was lost to non-payment of taxes (which I understand there are some situations where there is a lengthy redemption period so you might want to check on that) or your brother somehow acquired it from your mother, it was never actually your property, it's gone.