Can my father make me sign my share of property over to him?

My mom and dad bought property together not long before she passed away from cancer 3 years ago. She didn’t have a Will so automatically her half of the property was divided between my 2brothers and I. I paid for the succession. My dad is now trying to make me sign my share of property over so he can sell it. Is he allowed to do that? I have 4 children, that’s the only place they remember their grandmother. I would like to keep my 3 acres to put a family vacation home on in memory of my mom.

Asked on September 7, 2017 under Estate Planning, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

From the limited facts presented, if the land has been subdivided and is now in your name, your father has no legal rights over your property; he cannot make you sell it if you do not want to. If the land has not yet been subdivided, you can go to court and seek a "partition". This would mean that the court order the property to be divided and the land equitably split. So you could presumably keep your 3 acres. At this point, you may want to speak with local real estate lawyer. They can best advise you.


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