My father died in 2009 leaving his farm property to 4 children. his current wife received all bank proceeds & pension.

Asked over 1 year ago - Albany, GA

we need to sell farm land only but she has life estate on house and will not sign Quit Claim Deed. She abandoned property 1 wk after his death. the land ae are selling is leased for farming only and does not include home. It is on 2 seperate tax rolls. what are our options?

Attorney answers (5)

  1. Randall M. Lipshutz

    Contributor Level 16

    5

    Lawyers agree

    Answered . Without looking at the will and the title to the property (not just the tax records), there is no good way to give you an answer. I would recommend you talk to an attorney in your area that deals with estate issues, If there was no attorney who set up the estate in 2009, you probably need to find one to consult with. If there was an attorney, that individual may be able to answer your questions.

    This answer is for general purposes only, and it does not create an attorney-client relationship.
  2. Ashley Anne Digiulio

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . This is something you should work with an attorney on. But, I would think you could sell the land and parcel out the house.

    www.atl-law.com

    The DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: www.atl-law.com Atlanta, Marietta, Lawrencevile,... more
  3. Paul A. Smolinski

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . Your question is much too complicated to answer on this website. All of the relevant documents need to be reviewed to give you an answer/options. I suggest that you look for a probate attorney on this website or at naela.org and call to set up a consultation with that attorney. It might cost you a few hundred dollars; however, if this is important the price is small for good advice.

    Best wishes!

    Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his... more
  4. Glen Edward Ashman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . If she has a life estate, your options may not exist or may be very expensive. But to know for sure, a lawyer needs to read all the probate and deed paperwork.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  5. Robert M. Gardner Jr.

    Contributor Level 18

    1

    Lawyer agrees

    Answered . A life estate bifurcates title to property. In other words, if you want to sell or otherwise transfer the property, all of the owners as well as the owner of the life estate will have to sign the deed. If she will not do so, you cannot sell it. If you think the house was separated from the land somehow and that she does not have a life estate in the land, you would want to do a title search to make sure. You may also want to look at the property description on the estate's deed granting her the life estate to see if it includes the acreage. Then, go and see an attorney to determine what you can and cannot do based on the accurate information you are then able to give them.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base... more

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