Land division dilemma?

Question

My mom owns 3 acres of land and is dragging her feet about how to divide it up among 3 children.

Here is the dilemma-

1) she doesn't have a will
2) she is not willing to just sell it to one of her kids, in fear that one of us will be left out
3) I want to build myself and her a house here on this property
4) I am willing to buy the property from her
5) There is a limit of 1 house per acre on this property
6) with 2 houses already on the property, there is only enough for 1 more house or trailer on the property
7) When she passes away, who gets her house?

And,

8) you can't divide 3 houses between 2 people- somebody is going to get 2 houses and the other person gets 1.
9) I feel that I should get both her house and mine, since I built both of them.

Any ideas on how to solve this dilemma

My solution was to just buy the entire property and ensure my little brother gets a place to live.

Answer 1

Since she is not willing to sell to any one child, any solution that involves you buying will not work, unless you intend to put pressure on her to sell to you.

This may result in the other children resenting you for "forcing" her to do what everybody seems to know she does not want to do.

The ONLY solution is for her to make out a will. She is not behaving in a responsible manner if she refuses to do it. Even now, as you describe it, the family is already feeling the stress over who gets the property. If there is any pressure put on her, it should be towards convincing her to make out a will.

She just may have to decide who gets what, and who gets left out. It may not be an easy choice, but that already seems to be what is going on right now. You have your claims, the others in the family may have theirs.

And, you are right, there is no way to divide two houses among three parties, unless the property is sold and the liquidated assets divided.

If she dies without a will, (entestate) that is what will probably happen, anyway. Even if she specifies, in the will, that the property gets sold and the assets divided, the will makes this process faster and easier than if she doesn't. The family may not LIKE the solution, but isn't it your grandmother's decision to make? The family may have some resentment, but, at least, it won't be directed at each other.

Answer 2

my advice is buy your own property to build a house on