How do I get my share of the land? 3 Answers as of February 22, 2012

I am one of eight siblings and I have no children. I want to receive my parcels of land now and move on with my life. I am going into my 60s and want to do what I want with my share. My siblings have said they are not selling or doing anything ever. They all have children to leave their shares to. Is there anything I can do?

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Elder Law Office of Mark Schaefer PC | Mark Schaefer

Yes, you file a petition for partition of the land if there is enough land to physically divide it into eight parcels. If the land is not large enough to do that, you can petition for equitable partition of the land which would result in the land being sold and the proceeds divided among the eight owners. Both of these are Superior Court actions that will be filed in the county where the land is located. You will need to hire an attorney to handle this for you, but if you go the equitable partition route, the attorney can be paid from the proceeds of the sale so that all heirs contribute.

Answer Applies to: Georgia

Replied: 2/22/2012