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

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1. Licensed in MO

   

   Leonard KomenPro

   Saint Louis Commercial Real Estate Attorney

   Contributor Level 13

   

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   Answered February 05, 2013 11:56. 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."

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2. 

   Steven Zelinger

   Blackwood Estate Planning Attorney

   Contributor Level 18

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   Answered February 05, 2013 10:50. 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.

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3. Licensed in MO

   

   Michael Miller

   Jefferson City Wills and Living Wills Lawyer

   Contributor Level 14

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   Answered February 07, 2013 18:51. 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.

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