Division of Real Property

[Radar]

Jurisdiction

Mississippi

My Mom passed away recently and left her house and land to her 4 sons. The will reads, "share and share alike" (house and 2 acres of land). If I decide to keep my fourth of the property, do I have any advantage of how the division of land would be done? I have been living on the land for the last 22 years in a mobile home that I own. I would be willing to give up my share of my Mom's house just to keep a half acre of the land, as long as the division incorporated the area my home occupies. What are my options?

 

[Zigner]

My Mom passed away recently and left her house and land to her 4 sons. The will reads, "share and share alike" (house and 2 acres of land). If I decide to keep my fourth of the property, do I have any advantage of how the division of land would be done? I have been living on the land for the last 22 years in a mobile home that I own. I would be willing to give up my share of my Mom's house just to keep a half acre of the land, as long as the division incorporated the area my home occupies. What are my options?

You each own 1/4 of the total ownership of the house and property. That doesn't mean that you literally cut the property up in to 4 pcs. You will need to negotiate with your siblings.

 

[welkin]

My Mom passed away recently and left her house and land to her 4 sons. The will reads, "share and share alike" (house and 2 acres of land). If I decide to keep my fourth of the property, do I have any advantage of how the division of land would be done? I have been living on the land for the last 22 years in a mobile home that I own. I would be willing to give up my share of my Mom's house just to keep a half acre of the land, as long as the division incorporated the area my home occupies. What are my options?

What it means is that your mom's land and house has a value. That value will divided between you and your three brothers. It doesn't mean that the brothers have to divide the property and the house so that each gets 1/4th of the property and the house. It means that each is entitled to 1/4 of the value.

I agree with Zigner that you have to work it out with your brothers based on the value of what you want. You could give up the house for the property that your mobile home is on.

Once you work it out get an attorney to drawer up all the deeds and paperwork that needs to be recorded. There may be surveys and minor subdivisions that have to be done. It's not a DIY project.

 

[zddoodah]

My Mom passed away recently and left her house and land to her 4 sons. The will reads, "share and share alike" (house and 2 acres of land). If I decide to keep my fourth of the property, do I have any advantage of how the division of land would be done?

I don't really understand your question. Advantage as compared to what?

Also, do the four of you really want to co-own the home?

I would be willing to give up my share of my Mom's house just to keep a half acre of the land, as long as the division incorporated the area my home occupies.

Not really sure what the part I underlined means, but you're obviously free to propose what you want to your siblings.

 

[Zigner]

Not really sure what the part I underlined means, but you're obviously free to propose what you want to your siblings.

It appears that the OP wants it to end up that s/he owns, specifically, the mobile home and the small chunk of land that it sits on.

 

[adjusterjack]

If I decide to keep my fourth of the property, do I have any advantage of how the division of land would be done?

You mean do you have any leverage that would compel your brothers to do it your way.

I doubt it.

I have been living on the land for the last 22 years in a mobile home that I own. I would be willing to give up my share of my Mom's house just to keep a half acre of the land, as long as the division incorporated the area my home occupies. What are my options?

One option, obviously, is to make that offer to your brothers. Do you have any reason to expect that they would not go along with the idea?