How To Get People To Like Elder Law | elder law

Dear Len & Rosie,

My sister and I affiliated a allotment of acreage in Sonoma County from our parents that cannot be subdivided. It is account about $1 million. The botheration is, my sister does not appetite the acreage and I don’t accept the money to buy her out. Can she force us to advertise the land?

Margot

Dear Margot,

Unlucky for you, the law is on your sister’s side, not yours. There is a abiding acknowledged attitude adjoin “restraints adjoin alienation,” which is legalese for the law doesn’t like bodies accepting ashore owning acreage they can’t get rid of. Back a allotment of land, such as your inheritance, is endemic by two or added people, again any one buyer can usually force a auction of the acreage in an activity for partition.

If advance comes to shove, and your sister sues you in a allotment activity to force you to buy her out or advertise the acreage to addition else, she’s activity to win unless you can somehow argue the cloister that it’s in the best absorption of both of you to abide owning the property. The allowance of you acceptable are not actual good. Your best bet is to achievement that your sister won’t go so far as to sue you.

If you were somehow able to buy her out, you’d still accept a big problem. Acreage transferred amid ancestors is accountable to a acreage tax analysis beneath Proposition 13. You are still advantageous acreage taxes based on your parents’ Prop. 13 adequate adjourned value. If you buy out your sister, again bisected of the acreage will accept an adjourned amount based on today’s value.

It’s all baptize beneath the arch now, but it may accept been accessible for your parents to accept prevented your problems. They could accept accustomed this acreage to you and added assets to your sister, alike if that resulted in you accepting more. They could additionally accept angry up the acreage in a assurance for you and your sister’s account if they capital to accumulate the ancestors address in the family. This is article for you to anticipate about back it comes time to creating your own acreage plan.

On the added hand, there is article to be said for affairs the property. The two of you may alive beneath altered bread-and-butter circumstances. Perhaps your sister can ill allow owning acreage that she’s not accepting abundant use out of.

Len & Rosie

Len Tillem and Rosie McNichol are ancient law attorneys. Contact them at Tillem McNichol & Brown, 846 Broadway, Sonoma, CA 95476, by buzz at (707) 996-4505, or on the internet at www.lentillem.com.

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