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

UPDATED: Oct 1, 2022

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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


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

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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