Q: Can you file a summary of administration to get your father's 1/6 of an estate shared with others.
My father and his siblings each inherited 1/6 of the land from their dad. It was never divided because they could not agree. My father passed and now it goes to his three children. Can I file a summary of administration and change his 1/6 of his land to his 3 children. He has been deceased over 2 years so there is no creditors involved.
A: This is going to get complicated quickly. You can file for summary administration as an heir of your grandfather. Each of the 5 remaining siblings will need to consent to the administration or be served with the court paperwork. If any of the siblings have died, their heirs will need to consent or be served. As it currently sits, you would be entitled to 1/18th of the property. If all heirs cannot agree to the disposition of the real estate, you would have to file a partition action to force its division or sale. Schedule a free consultation to make sure you explore all of the possible outcomes.
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.
