How to trade inherited land without my brother’s consent?

UPDATED: Sep 30, 2022

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How to trade inherited land without my brother’s consent?

My father died and did not have a Will. He has 2 children who cannot agree on what to do with the land. I want to do an even trade with some property his sister owns, however my brother does not. He does not want the land, but we do not get along, so he is being spiteful. My mother’s name is also on the land, but it is in the divorce papers that her name be removed. Unfortunately, he never followed through to see if she removed her name. She remarried and changed the name on the property to her newly married name instead. The property tax

receipt shows her name in c/o my name. My mother is willing to do an even trade on the land, but since the divorce papers say she needed to remove her name, can she still do it? How can we get the land swapped without my brother? He refuses to budge and we may lose the property since we did not pay the property taxes.

Asked on June 28, 2016 under Estate Planning, Mississippi


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Between the absence of a probate and an intermingled divorce, your hands are really tied right now. You will either have to file a probate of the estate and let a probate judge decide how to proceed... or file a suit to clear the title.  Once the title is cleared through either process, then you will be able to proceed forward.  Moving forward may involve a trade... or it could involve an arranged sale.... but either way.. you will be able to do something without having to be subject to the discretion of your brother.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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