Q: My daddy left my brother and I some land when he passed away. My brother was executor of my daddy's will.
When daddy's will was probated, my brother did not divide the land up between us to get a deed like it should have been done. Now my brother died unexpectly without a will, and he told his daughter before he died he wanted her to have his part of the land that was not divided. I want to divide the land to get a deed because I am wanting to sell my part.....his daughter is not agreeing with me on the part I want...and I believe I should be able to choose.since I'm the surviving heir that it was left to by my daddy. Is there anything I can do to get the part I want....and what can I legally do if she refuses to agree on dividing this land? I have been waiting over a year to divide this and she is taking her time to take care of this. I live in Fayette County Alabama.
A: You need to talk to a lawyer about this but, the land probably devolved to you and your brother. His part belongs to his estate now. You and his estate own the property together. If you can't agree on how to divide the property, you will go to court on a sale for division. YOu need some help here. THis is pretty complicated. What county are you in.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
