Dividing Inherited Property?

[gonehuntin]

In my opinion, every statement made in this post is legally inaccurate except the last sentence. I'm not trying to call you out, I'm just trying to give my personal opinion to the OP that hiring qualified legal representation is a smart decision in his situation and that making legal decisions based on what you read on a public forum is sketchy at best. No disrespect intended.

Wes is one of the best Real Estate attorneys around and knows his business.

[Dru]

In my opinion, every statement made in this post is legally inaccurate except the last sentence. I'm not trying to call you out, I'm just trying to give my personal opinion to the OP that hiring qualified legal representation is a smart decision in his situation and that making legal decisions based on what you read on a public forum is sketchy at best. No disrespect intended.

No disrespect felt here. I’m not sure which part of my post you find inaccurate.

Hiring qualified legal counsel is always a good idea. It just isn’t necessary in this situation. What will happen is both siblings will meet with the lawyer, he/she will review the chain of title, land deed, probate etc…, probably suggest a survey, then draw up a quit claim deed wherein one sibling conveys all right, title and interest in the property to the other sibling. Then a warranty deed will be created where that sibling will convey whichever part of the property to other one as they have agreed upon. After further review by the lawyer the documents will filed of record. I’m not sure what total bill will be but the same thing can be accomplished without the help of the lawyer.

[2B4Him]

Who do you think prepares the documents for the title company? You are still paying attorney fees for document preparation, just look at the settlement statement, but you're paying them without the added benefit of qualified legal advise or representation.

As an attorney, I know exactly who prepares the documents. And I know that attorney fees are included in the settlement statement.
In this situation, however, I would neither impugn the skills/knowledge of the title company's attorneys (by implying they are not 'qualified') nor encourage each party to needlessly spend additional money for their own, personal representation.
It has taken me many years of AA (Attorneys Anonymous) to accept the fact that every transaction is not a 'fight' and that more often than not the practical solution is quicker, easier, and much less costly than the attorney-involved solution.

[The Crippler]

As an attorney, I know exactly who prepares the documents. And I know that attorney fees are included in the settlement statement.
In this situation, however, I would neither impugn the skills/knowledge of the title company's attorneys (by implying they are not 'qualified') nor encourage each party to needlessly spend additional money for their own, personal representation.
It has taken me many years of AA (Attorneys Anonymous) to accept the fact that every transaction is not a 'fight' and that more often than not the practical solution is quicker, easier, and much less costly than the attorney-involved solution.

Good grief, I'm not implying that title company attorneys are not qualified to draft legal documents, I prepare legal documents for a title company and I am more than qualified. When a party retains me to represent them in such a transaction along with preparing all legal documents, my fee is the same. I don't know what you are talking about regarding making a transaction a fight, that is what litigators are for, usually to clean up something that could have been easily avoided if the parties had a better understanding of what they were getting into. My job is to keep my clients out of the courtroom and I believe that means advising people who are not legally sophisticated to consider qualified representation when dealing with valuable property and large transactions.

[The Crippler]

No disrespect felt here. I’m not sure which part of my post you find inaccurate.

Hiring qualified legal counsel is always a good idea. It just isn’t necessary in this situation. What will happen is both siblings will meet with the lawyer, he/she will review the chain of title, land deed, probate etc…, probably suggest a survey, then draw up a quit claim deed wherein one sibling conveys all right, title and interest in the property to the other sibling. Then a warranty deed will be created where that sibling will convey whichever part of the property to other one as they have agreed upon. After further review by the lawyer the documents will filed of record. I’m not sure what total bill will be but the same thing can be accomplished without the help of the lawyer.

Ok.

[Grayson]

No disrespect felt here. I’m not sure which part of my post you find inaccurate.

Hiring qualified legal counsel is always a good idea. It just isn’t necessary in this situation. What will happen is both siblings will meet with the lawyer, he/she will review the chain of title, land deed, probate etc…, probably suggest a survey, then draw up a quit claim deed wherein one sibling conveys all right, title and interest in the property to the other sibling. Then a warranty deed will be created where that sibling will convey whichever part of the property to other one as they have agreed upon. After further review by the lawyer the documents will filed of record. I’m not sure what total bill will be but the same thing can be accomplished without the help of the lawyer.

So I'm confused, who's going to actually draft the deeds in your scenario? Will they be on napkins? Or at least a legal pad purchased at Office Depot to give the thing an air of sophistication?

[BrianL]

^^^^^^ I have found when i hired lawyers, they always had differing opinions on what was correct.

[Tmag]

Get a lawyer to draw it up in a legal document and file it with the county tax office, this will separate it so it will be defined for future dealings with your heirs.

[DuramaxDude]

Which half isn't the main question. The main question was what is the process. Sounds like survey and lawyer, just not sure in which order. My wife and I need to get a will so we can ask the lawyer while we're doing that and in the meantime, see who surveyed it last and determine if they are still in business.

If you and your sister get along and aren't like the majority that will fight each other tooth and nail about it you can have it all done without major involvement of lawyers and such. If you are dead set in splitting it with a fence have it surveyed and put the fence on the surveyed line. If not then have it surveyed and go by that either way get your one farm and tract numbers for who has what. Then take the survey to the FSA office in the USDA service center for the county and have it on record with them as divided interest with the separate farm and tract numbers for you and your sister that way it is on record who owns what farm and tract and how many acres in it and where it splits. Divided interest if one of you wants to sell you can and undivided interest it takes both of you to make a decision. 2B4Him sounds like he has a good idea as well.

[Dru]

So I'm confused, who's going to actually draft the deeds in your scenario? Will they be on napkins? Or at least a legal pad purchased at Office Depot to give the thing an air of sophistication?

Napkins? Do you have a real question or just more smart *** comments?

[Grayson]

Napkins? Do you have a real question or just more smart *** comments?

Yes I have a real question. You advise him to get deeds, but not have them prepared by a lawyer(s). So my real question is, who's going to prepare them?


I think most of the people on here arguing against getting lawyers involved are assuming that you're talking about thousands and thousands of dollars in cost when lawyers get involved. Assuming everything is as clean as Lip states, that simply would not be the case, at least in my own practice and I'm sure other lawyers' practices as well.

[Dru]

Google Quit Claim Deed, Warranty Deed. The forms are online along with instructions. Again, the OP can seek legal advice if he wants. I'm just saying he can accomplish the same thing without it.

[J Wales]

Google Quit Claim Deed, Warranty Deed. The forms are online along with instructions. Again, the OP can seek legal advice if he wants. I'm just saying he can accomplish the same thing without it.

And if you don't prepare it exactly right, it will cost you way more later to get it fixed by an attorney. I see it everyday.

Also, don't use a quit claim deed. Quit claim deeds can cause problems with the title company when you go to sell.

[290WEST]

partition deed?

[308 Dave]

The best way to handle this is an agreed partition through a reputable attorney.