Legal Question in Real Estate Law in Virginia
Land Sold by Sale in Lieu of Partition without Notification
My cousin obtained more than 50% of heir property and filed a suit for sale in lieu of partition. I did not know what was happening until my uncle called and said he was sending me a check for $1K from the sale of the property. Can they legally do everything without notifying all of the heirs, especially those that they know of? I am upset because I and my siblings grew up on the 83 acres, while my cousin never set foot on the land, and I would have rather seem a suit for partition. Do I have any options or do I just accept it? NOTE: I have not seen any paperwork from the suit. I did find a let from 1994 from a lawyer about 35 acres in my father's belongings (I was in the military then). At the time of all of this I was in the Air Force stationed in Colorado and then Arkansas and my sister was in the Military stationed in Japan and then New Mexico. My brother was living with the uncle previously mentioned but now I am his guardian (both parents are deceased. Any information you can provide will be greatly appreciated.
2 Answers from Attorneys
Re: Land Sold by Sale in Lieu of Partition without Notification
Notification of known heirs would likely be required. Questions to ask would include if & where notification was sent to you. I'm not sure I follow if the 35 acres is part of the 83. If not, that may be dealt with differently.
Re: Land Sold by Sale in Lieu of Partition without Notification
You might want to arrange a for a consultation with an attorney in the area where the property is located and who is knowledgeable and experienced in the law of probate and real property
to determine what, if any, remedies might be available to you (and your fellow heirs)for this situation.
My sense of things, however, is that it's probably now too late to contest the matter, (but the lawyer referenced above should be able to give you a more definitive opinion and my intuition regarding this matter could be wrong).
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