My mom died 2 years ago my dad, (12 years back) with written instruction that "...

Asked over 1 year ago - Kansas City, MO

My mom died 2 years ago my dad, (12 years back) with written instruction that "...the described properties shall not be partitioned for a period of twenty (20) years but shall be enjoyed by them one after another..." My questions centers on 3 issues:
1. Can the 6 compulsory heirs agree to partition the land & eventually dispose of the same?
2. Can we all agree to sell a portion of the property to pay back dues & taxes?
3. Can we all agree to alter some of the provisions in the name of 'fairness'?

Your utmost concern on this regard shall be highly appreciated.

fakoy

Attorney answers (3)

  1. Leonard Komen

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . No attorney can answer this without seeing the document with the instructions. If it is in a Will, that no longer matters if the Will was not filed for probate within one year of his date of death. It if is a deed, an attorney must see that deed, but that could be enforceable. If it is merely a letter of instructions, it is not binding and:
    1. the current owners can sell the land
    2. the current owners can sell any part and use the proceeds as they wish - pay taxes or otherwise.
    3. the current owners can agree to do something else.

    This all assumes the "instructions" are not in a recorded deed.
    Notice I used the words "current owners" which may different from what you termed "compulsory heirs."

    This comment does not create an attorney-client relationship. The law and its application by the courts is... more
  2. Steven M Zelinger

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . This question is rather confusing. I am not clear if these instructions were part of a will or a trust or just general instructions? To the extent that these instructions are not a part of a deed, will, trust or other legally binding document they may have no effect. I think you would be well advised to seek the advice of an attorney to deal with the estate(s) of your parents.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  3. M. Todd Miller

    Contributor Level 15

    1

    Lawyer agrees

    Answered . I agree with the other two attorneys in that without the documentation in front of me, the inquiries are difficult. I can only imagine your parents had a trust with provisions determining the disposition of the property. The trustee(s) must adhere to the terms of the trust until and unless all of the heirs petition him/her to act as they wish. Even then, if the trustee wants to hold fast to the terms of the trust, you may have a fight on your hands.

    NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-... more

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