Legal Question in Real Estate Law in Ohio
multiple heirs of real property
I am a 1/7 owner of a farm from my grandmother. I am content with keeping the property in common until the family can decide when to divide. One of the heirs though wants to survey off a section they are interested in to obtain a mortgage for repairs, as they live on a section of the property already, and is attempting to lobby the other famliy members to sign off on their petition for a deed. I on the other hand have not had an opportunity to view the property to determine which section I would want. Can they take legal action to force the issue?
1 Answer from Attorneys
Re: multiple heirs of real property
Dear 1/7th Owner: Anyone can sue anyone else at any time, in any court. The only real question is: Can they prevail?
The other heirs or beneficiaries, or any one or more of them, could apply to the Probate Court for consent to (1) sell the property, or (2) to divide the property, or (3) to appoint a conservator or Trustee to administer the entire property for the equal benefit of all of the heirs. Of course,any activity must be approved by the Probate Court having jurisdiction.
You are advised to retain experienced legal counsel, to protect and representyour rights and interests and to avoid a nasty family disagreement. I have such specific experience and urge you avoid it if at all possible. It's emotionally trying, and financially draining.
Good luck.
Sincerely,
J. Norman Stark, Cleveland, Ohio.
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