How to divide assets of an estate?

When my dad passed away he left his house, a lot next to the house and then 6 acres of land to my 2 brothers and I. Now we want to sell the land but my brother has never helped pay for any of the taxes. Do we have to include him in the sale of the land?

Asked on December 12, 2011 under Real Estate Law, Minnesota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your father passed away and left all of the three assets to you and your two siblings equally, hopefully title to the property has been transferred into all three of your names by way of a probate proceeding or a trust administration. 

If one brother has not paid his share of the taxes on the property, when that parcel is sold, the brothers who paid his share of the property taxes should make a claim into escrow for the amount of his share of the taxes paid plus accrued interest. That way the brother who did not pay his share of the property taxes initially reimburses those in the end who fronted his share.

By doing this there will be an equalization of the things in the end.


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