my grandma has lifetime and a half on some land of my grandpa's since he died can she sell it?

Question

When my step grandpa died he had some land of his mothers in his name. He didn't have a will and when they probated the estate they gave the land of my great-grandmothers to my grandma for a lifetime and a half. In her will it states that my brothers and i get half of the land and my grandpa's niece and nephew get half. Problem is the will states that the land is undivided meaning that we can't determint who gets which section. There is a house on the land that we want to fix up and live in but we don't know if we'll get to keep it when my grandmother dies. My brothers and I don't get along with my grandpa's niece and nephew and know that it will cause a problem when we try to settle everything. Is there any way that my grandma can sell my brothers and i the land before she dies to keep it in the family so that it won't be forced to auction? And if so is she required to pay them for half of it if she does sell? Serious answers only please

Answer 1

It sounds like Grandma has a life estate in the land, and doesn't really own the land. This gives her the right to live on the land until her death, but doesn't convey actual ownership. As long as she lives on the land, she has the right to full use of the land. She has to pay for upkeep and property taxes, but has no say in what happens once she moves off. She can NOT sell the land, since she doesn't own the land. She only owns the right to use the land during her lfietime.

The rest of you (you & your brothers and the neice and nephew) are what is called "remaindermen". You only get a say in the property after Grandma ends her life estate by moving off the land or dying.

One the life estate is over, you and the other remainder men will have an undivided interest in the whole parcel of land. For example, if the parcel is 20 acres, you and your brothers won't own 10 acres. You will own 1/2 of the whole 20 acres in total.

To divide the land into separate parcels, you and the other heirs will either have to decide how to divide the land, continue to share it, or someone will have to file a lawsuit for partition. Partition lawsuits can take several years and cost upwards of $10-20,000. The court orders the land sold, and then the profits (after all legal costs) are divided among all those on the title.

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Of course, if Grandma wasn't given a life estate, but instead was given the land and actually owns it, Step-Grandpa's interest in the land died when he did. He willed it to his wife, and can't tell her how she must will the land when she dies. It would be her's and she can do what she wants with it.

So, find out if Grandma has a life interest or actually owns the land. (Hint: go to the land records office for the county where the land is and find out how the land is deeded. I'm assuming Step-Grandpa's will was probated after his death.)

Answer 2

Maybe it would be best to get a land mapper to draw out a map of the property including what's already in it. Try to find out the legal percentages given to those in the will and try to subdivide the property on paper and let your grandmother have the last say in it. Don't wait for her to die to do this because there will be more problems if she's not alive to "okay" the subdivisions. Once it is subdivided, have the property people put each divided lot into titles - meaning draw up titles with the corresponding dimensions of the subdivided property. Once this is done, then you can sell the properties given equally to all those mentioned in the will. Make sure property taxes are paid for while doing this to make things easier. Explain it to your grandmother why there is a need for this in case she feels bad that she's not even dead yet everyone's land-grabbing as it is. Tell her there might be legal battles once this is unsettled and she passes on and that would further divide your family. Good luck.

Answer 3

I had a bunch of land and money stolen by my relatives. They got attorneys and filed in court. I didn't show for court and the land went to my family. ( The wolves ) My aunt came down with stomach cancer and died six months later. Her husband followed soon after in a car crash hit by an uninsured motorist. My cousin died of lung cancer. Another Aunt was poisoned by her husband with anti freeze and he's doing life in prison at this very moment. The homes have since been sold Ii never saw a dime but I am alive and I have been blessed in so many other ways. So I guess what I'm saying, is that don't be greedy, and take it to prayer. You have not because you ask not. It's better to come to an amicable agreement than one in conclusion by a judge and attorneys cost a considerable amount of money.

Answer 4

Yes of course as long as she owns the land, she can even change her will and leave it all to me if she wanted to.

You merely go and ask her to sell the land to you, you pay her for it, and then the money is divided in the will instead of the land.

If not, the land will have to be sold at auction by the probate administror to settle the will and the money from the sell divided.

Any will can be changed anytime prior to the persons death.

Answer 5

If your Grandmother owns the land, she owns it! Her dead husband cannot dictate what she can do with it from his grave. She can divide it or sell it or develop it or put cows on it or anything else she wants to do with it.
If the law says she cannot do these things then she does not really own it, and she needs to have that clarified by the court.

Answer 6

Darn, I had a great smartassd answer ready, too.

Seriously, I'd discuss this with a lawyer. Be careful who you go to because these weasel's will be looking for a way to "climb up on the deed too and pocket a little profit). Go to your county's legal referral dept and find yourself a good attorney to talk to.

I sure wouldn't listen to the jokers on here!
Good luck.

Answer 7

I would think so. I also think that if she has a survayor come out he could map out what is to be devided an d what is yalls. I would get a layer tho that is the only way you will ever really resove a matter like this.

Answer 8

sounds to me like you should consult a real estate lawyer on this one....good luck

Answer 9

Hire the best lawyer you can to handle this.

Answer 10

i believe it is legal but just in case, contact an attorney.
give them this ref # 10064460149