• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

dividing land

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

wouldliketwokno

Junior Member
What is the name of your state (only U.S. law)? Kentucky
I'm not living in Kentucky right now but my grandfather passed away and left some land to my brothers & I (it's in probate). The will states exactly (minus the # and address): "I give my (#)-acre farm located at (address)Kentucky to my surviving grandchildren or their heirs per stirpes." I just wanted to know exactly what, if anything, the law dictates on this subject, not what I should do. If the land was left to 3 people and one or more want to sell, does the land have to sell? Is there a law that states that or something to that? Yes or No? Or is there a law that states the land must be divided equally? Yes or No? That's all I'd like to know, I'm not sure of the laws in KY. Thank you
 


latigo

Senior Member
If the land was left to 3 people and one or more want to sell, does the land have to sell?
No. It would take the consent of all in order to sell the whole parcel. However, it is a bit more complicated than that.

But first let me predict that if this land is not sold during the administration of the estate with the proceeds divided among the three grandchildren and instead the land is distributed in kind to three separate owners, those owners are going to be at each other’s throats within a year!

Because what it would do is to create an estate in cotenancy with each cotenant/joint owner holding title to an undivided one-third interest in the land. And the whole parcel cannot be sold without the written consent of all three owners.

Moreover, each cotenant is equally entitled to the use and possession of the entire parcel. Not just a third, but all of it, to include any buildings or other improvements. And almost invariably it seems there will be one cotenant more interested in occupying the property than others and do so rent-free.

When the owners cannot agree as to the to management, control or sale of the property the only recourse is to submit the issue to a Kentucky circuit court for partition.

Which under the Kentucky Revised Statutes * involves the appointment of commissioners to determine whether the property is equitably divisible without materially impairing the value of any interest therein. And if not, then the court will order the property sold.

And all of this is a time consuming and expensive process. Which can be readily avoided by the executor or personal representative of the estate selling the property during the course of administration.


[*] See KRS 381.135 and KRS 389A030(3)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top