Q: My brother was named executor of my fathers will. It states that I am executrix if something happens to my brother.
My father left some land to me and my brother but we never divided it after my fathers will was probated. My brother did not have a will when he passed away and his daughter got his part of the land. I want to get the land divided now to get my part and a title. Do my niece and I have to agree on who gets what part of the land when we get it surveyed or can I get the part I want since it was left to me and my brother didn't divide it like he was suppose to.
A:
Was the estate closed? In that case there should have been an executor's deed deeding the land to you and to your brother. His children may have inherited his portion. At worst you can do this with a "Sale For Division" if you can't agree. The property should have been divided before the estate was closed. Was the estate closed?
There are facts here that you need to look into. You probably need an attorney. Look for someone in your county who is familiar with both probate and real property.
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