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Dividing inheritance property (Wills & Trusts)

Tue, 15 Jan 2008 08:33:00 GMT

SC Sorry for the long post.
Our father died four years ago and left a will stating that all property was to be divided three ways between my siblings and me. The problem now is how to divide a 30 acre tract of land fairly and equally. I know the easy thing would be to say each person gets 10 acres and be done with it. However, the land is a long narrow strip with the back 5 acres being on a flood plane good for growing hay, hunting, etc. but nothing else. Part of the land is on a pretty steep slope which is great for a view but not much else. Also, dividing the land would greatly reduce the property of the land--it is worth more if kept as one piece. Two of us think that the only way out is to sell it all and divide the money. But one of my siblings is adamant about keeping the land. It would be easy if she and her husband could buy our parts, but they are not able to afford that. The land is family land that my father and grandfather farmed which complicates matters. We all three also live on the original family property and have something of a sentimental attachment to it. None of us can think of a way to divide the property fairly. None of us want any hurt feelings. We are afraid that if we do not do something, and something were to happen to one of us, that the problem would then be passed on to our children which would further complicate matters. Advice or where to seek help in settling such a matter would be much appreciated. Are there agencies that give advice on such matters? Thanks for any help.

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  • Comments
  • Wed, 16 Jan 2008 14:35:00 GMT(1)
  • Quote:

    Originally Posted by tranquility

    Majority rules? Huh?

    Perhaps in someone's dreams.
  • Tue, 15 Jan 2008 11:42:00 GMT(2)
  • Majority rules? Huh?
    To the OP, how is the property held now? Do you hold it equally as tenants in common or is it stlll in the estate? If in the estate, who is the executor?
  • Wed, 16 Jan 2008 14:21:00 GMT(3)
  • You basically have one of two solutions:
    1) Sell the property and split the assets (best option), or
    2) Let the sibling buy out the other two siblings. If he/she can't come up with the money to do it, the other two can finance the buy out (not necessarily good). Or, if he/she can't come up with the money, tough luck and welcome to the "real world". As stated previously, majority rules and everyone should be adult enough to accept that.
  • Tue, 15 Jan 2008 11:17:00 GMT(4)
  • Majority rules. If 3 out of 4 siblings want to make the sale, then they can do it in spite of the objection.
  • Leave a Comment Now.

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