do i have to move

About 10 months ago, my grandma died in a car accident. She owns the land which I’ve lived on and now some of her children want to sale the land and be done with it. However, my dad doesn’t want to sell his part, he wants this to stay here in family. His brother gave his section of the land to him. The other 2 children have their own place and then some. They see this as a money opportunity; I see this is as my home and only home. They weren’t even up here for my grandmother but I was. Can they just up and take this away? I have a neighbor who can vouch for us on how often those other kids actually been here to see there mom in 15 years. What I’m trying to say is they don’t care about this place; they just want the money. However, this is my home and a place that I want to be able to raise my children on. Do I have a chance at staying here?

Asked on October 11, 2018 under Estate Planning, Alabama

Answers:

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

Answered 2 years ago | Contributor

Ownership is not based on good deeds. It is based on the law. And the law holds that regarding an estate a beneficiary under a Will, or an heir who inherits if there is no Will, becomes the legal owner of the asset in question. In this case, your grandmother's property. Accordingly, the co-owners have a say over whether it is sold or not. If all owners cannot agree to a sale, the ones who want to sell can go to court and get an order of "partition". This will result in the owners who want to sell being bought out by the owners who want to keep the property; if that's not possible then the property will be ordered to be sold.

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

Answered 2 years ago | Contributor

Ownership is not based on good deeds. It is based on the law. And the law holds that regarding an estate a beneficiary under a Will, or an heir who inherits if there is no Will, becomes the legal owner of the asset in question. In this case, your grandmother's property. Accordingly, the co-owners have a say over whether it is sold or not. If all owners cannot agree to a sale, the ones who want to sell can go to court and get an order of "partition". This will result in the owners who want to sell being bought out by the owners who want to keep the property; if that's not possible then the property will be ordered to be sold.


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