land

[frank estes]

GEORGIA Can a 10 acre plot be divided amoung 4 heirs if one of the heirs objects. Wants to sell the land and divide money. Some wants to keep the land.




Frank Estes [email protected]

 

[ALawyer]

I don't know what Georgia law provides, but if there were no specific instructions in the Will (such as divide it up or sell it) this is usually a matter to be decided by the executor or administrator of the estate, and his judgment would usually carry unless he acts in an arbitrary and unreasonable manner.

If each of 4 2.5 acre pieces (assuming the land was equally valuable) would be worth only $15,000 (a total of $60,000) but becasue of its value to a builder the entire 10 acre parcel as one would be worth $100,000 there is a $40,000 difference, and selling it as one parcel would make sense as each beneficiary essentially inherits $10,000 more. Now the 3 who wanted the land split could offer to buy out the 4th. If they would pay the guy who would have wanted it sold $25,000 for what would be "his" 1/4 interest in the whole, everyone would be just as well off as they would have been had the property been sold or split.