Legal Question in Wills and Trusts in Texas

All heirs involved

How can we go about getting land/property divided? There are so many heirs involved and alot of the original(40 years ago) heirs are already deceased. Everyone is already paying taxes but nothing is divided, I'm in Texas


Asked on 3/17/08, 10:35 pm

2 Answers from Attorneys

Arthur Bashor Arthur N. (Art) Bashor, Attorney at Law

Re: All heirs involved

I think you are saying that a number of people inherited a single parcel of land 40 years ago, that some of the heirs have since passed, and that the surviving heirs want to divide their interest in the parcel of land.

If that is the case there are two phases to your situation.

First, you need to determine who all presently owns an interest in the property. If some of the owners have died, then the interests of those who have died has passed onto their heirs, possibly their spouses or children. So the current owners of the land is not limited to the exact same people who inherited the land 40 years ago.

Second, all of the owners need to get together and decide how to divide their interests. You can all sell the land in its entirety and divide the profits, you can have some of the owners keep the land and buy out the interests of those who want to sell, or you can subdivide the land into individual parcels and each take ownership of of a piece of the original parcel.

You have a lot of choices and decisions to make. There are a lot of ways to divide your interests, it all depends on what you collectively decide to do with the land.

Chances are the there will be difference of opinion among the heirs as to how to go about all this, so a little bit of psychology is going to be involved here to get everyone on board.

Best wishes to you.

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Answered on 3/17/08, 11:51 pm
James Grissom Law Office of James P. Grissom

Re: All heirs involved

You have one big mess. You are going to have to see if those on the land will agree to the division. The original heirs now deceased have new heirs which divides the land even more. It is possible to partition the land, but surveys and legal fees are going to be expensive. Good Luck.

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Answered on 3/17/08, 11:51 pm


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