In 1984 my grandmother willed her property to her children and we are not all in the same areas, and most of us are not on speaking terms. I want to sell and split the earnings.
Divorce / Separation Lawyer
you can start an action to partition. Contact your local counsel about the process.
Michael Kuldiner, Esq. (215) 942-2100. This response is for informational purposes only and does not constitute legal advice. The response is intended, but not promised or guaranteed to be current, complete, or up-to-date. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between MIchael Kuldiner, Esquire and any party. The responses provided on this website are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in these responses without first seeking the advice of an attorney.
2 lawyers agree
Real Estate Attorney
The previous answer is on point. A case for partition by sale is the way to handle this. Get an attorney where the property is located and have the attorney make contact and see is you can settle this without much of a challenge.
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Real Estate Attorney
Let me tell you what is going to happen if you file a partition action. (I do this often... Next week I will file one in Carbon County, and the following week I should be ready for one in Luzerne County and one in Centre County). After the Complaint is filed and an Answer also filed, the judge will call the lawyers in for a conference. He or she will propose to appoint a lawyer from the county to be a Master (like a judge). The Master will handle the sale of the property and take a 6% fee. The master will need legal advice and he or she will hire a partner or friend who will take 1 or 2% additional. The Master will hold hearings to decide how the money will be divided. The Master will also hire the Realtor®. That will be another 6%. You and all your cousins will hire lawyers and spend at least $2500@ or $22,500.
Do you like the smell of burning money?
Here is what I do before "going to the mattresses" (going to court). I try to get my client to call a family meeting and give everyone the facts of life. I sometimes attend and do the talking. Then we try to get everyone to agree to a plan that will not require them to ever speak to one another again. The plan is to simply list the property for sale. A third party is given a limited power of attorney to sign the agreement of sale and a deed, providing the sale price is within a rage specified. Then everyone goes home and waits for e-mails telling them what is happening and eventually for their check.
DISCLAIMER The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise. When answering questions on AVVO, attorneys are prohibited from directly soliciting business. Don't take this as an indication of lack of interest. Follow my answers to other questions on Twitter @LandLawyer James S. Tupitza 212 West Gay Street West Chester, PA 19380 610-696-2600