Las Vegas, NV asked in Real Estate Law, Estate Planning and Probate for North Carolina

Q: My father died with a will. He inherited land from my moms family. How do I separate my share from my nephews?

The land was not a part of the will. I do not want to have any financial connection to my nephew. I offered to buy him out, as he cant afford to pay the taxes on the land. He refused. I want to split the land so I can sell my portion back to my cousin who owns the land around my moms land and not be financially responsible for my nephews part. What are my options in NC? Thanks!

1 Lawyer Answer
Ben Corcoran
Ben Corcoran
  • Estate Planning Lawyer
  • Yadkinville, NC
  • Licensed in North Carolina

A: If I understand this correctly, the current owners are you and your nephew. And your nephew wants to keep his portion of the land.

You really have two options, the first you have attempted, you buy out your nephew, but he has to agree to this option.

The second is that you file a partition motion and ask that the land be divided or sold at public auction. I do not know if it would be possible to divide the land fairly, but a public auction is always an option. The advantage here is that this method sometimes brings parties to the negotiating table, and they may agree to sell.

My advice is to contact a lawyer who practices in the county where the land lies and hire them to start a partition motion.

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