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partition

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paws3706

Junior Member
PA
my family has 100 acress of farm property that will need to be divided by partition.
It is an old unsettled estate. several of the heirs to the property have recently passed away. they left their shares to one sister who now has 3 shares of the orginal estate, more than any other person. If this goes to court can she ask to be sold the whole farm , since the others will not make a valid offer.
thanks
 


HomeGuru

Senior Member
paws3706 said:
PA
my family has 100 acress of farm property that will need to be divided by partition.
It is an old unsettled estate. several of the heirs to the property have recently passed away. they left their shares to one sister who now has 3 shares of the orginal estate, more than any other person. If this goes to court can she ask to be sold the whole farm , since the others will not make a valid offer.
thanks

**A: yes she can ask.
 

pojo2

Senior Member
paws3706 said:
PA

It is an old unsettled estate.
How old and how "UNSETTLED"?

Is the sis with 3 shares you or your mother?

An Atty is needed before someone makes some costly mistakes. The executor/rix needs to get the initial estate settled before everyone moves on to settling other estates.

Whose names are on the deed to the land? Is there a Will? Where there debts of the estate, and about 2000 other relevant questions before anyone has a case to sue anyone.
 

paws3706

Junior Member
there is a will.the estate was prbated 40 +years ago. but the family could never agree how to settle the property division. It is my mother. she is 70+ years old and wants this taken care.
there is a lawyer involved. his answers sometimes confict what he told her last time.He had told her she would be executor/rix of this estate and then said yesterday there was none since my uncle died years ago.
It is a real mess.
My mom's father name was on the deed till a cousin recently had the deed put in her name and went to the problem folder in the court house.
sorry this is long. thanks for any info.
 

pojo2

Senior Member
If uncomfortable with this Atty get a new one because as you state this is a mess with tons of paperwork to untangle.

Good luck
 

lwpat

Senior Member
I agree. You need a new attorney, one that will actually do something. The situation with the cousin could be a real problem if you allow it to continue.
 

paws3706

Junior Member
My mom signed a contract about 2 years ago when he agreed to take the case. They are afraid of him putting a lien on the property. And afriad of how hard it may be to ask him to leave the case.
He said he was able to handle it but his answers to question sometimes are not consistant.
thanks
 

pojo2

Senior Member
paws3706 said:
My mom signed a contract about 2 years ago when he agreed to take the case. They are afraid of him putting a lien on the property. And afriad of how hard it may be to ask him to leave the case.
He said he was able to handle it but his answers to question sometimes are not consistant.
thanks
Then continue to accept the inept service and wait it out until he DOES decide to do something in this case.

After 2 years what are his fees up to or has your Mom paid for this lousy service?

The call is yours, of course, but you aren't getting anywhere now.
 

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