Legal Question in Real Estate Law in South Dakota

My Dad and his brother own several acres of farm land in South Dakota. It is in both of their names. They are both around 90 years old. My Dad would like to divide the land equally between them before one of them passes away. My Dad's brother will not speak to him. It makes sense to do it now while they are both living so the families will not have to worry about it later. How can this legally be done. My Dad's brother will not answer his letters.

Thanks


Asked on 8/23/11, 6:54 pm

1 Answer from Attorneys
Jim Craig Craig Law Office

I suggest you contact an attorney in the county in which the land is located. If the brothers cannot agree on disposition of the property, it may be necessary to start a partition action. First step I would recommend would be to get a preliminary title opinion on the property to determine exactly how they hold the property (joint tenants or tenants in common) and whether there are existing liens, unpaid taxes, etc. against the property. The SD State Bar's lawyer toll free referral number is 1-888-952-2333. Best regards. Jim Craig Sioux Falls SD

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Answered on 8/24/11, 7:49 am


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