UPDATED: Oct 1, 2022
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My grandfather passed away and left his land to his 5 children. Listed as Christie’s heirs. There is 48 acres each child is to end up with 7-8 acres but it has never been divided or surveyed out. My sister is hiring a lawyer to start probate and she said that would have to be done before any of it can be sold. What does that mean? And what if I do not want to sell the land? Also, what if I want all of the land like to buy it?
Asked on July 9, 2019 under Estate Planning, Florida
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
1) The land is not yours until it is probated. Probate is the process of, among other things, legally distributing the inheritance to the will's beneficiary's and transferring title to them.
2) If the land can be meaningfully/practically divided into separte parcels, you can insist on keeping your 9 - 10 acres (9 - 10, not 7 - 8; 48 divided by 5 = 9.6). But if it cannot be, due to its layout, location, etc. practically divided, the executor can sell the land and distribute the money.
3) You can offer to buy the land from the estate, through the executor (who manages the estate) but cannot force the sale--all you can do is offer.
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 AttorneyPages.com 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.