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My great grandmother left a fairly large piece of property in central Mass when she passed away. Nice property - it was an old farm. Fields and a lot of woodland, couple of ponds, a nice cascades and a fairly large brook. The problem is it is all hill and on the end of a dead end street.
She had 7 kids, 6 of them got married and built houses of their own out of the property. 4 of them are still left with relatives. But there are a good 35 acres left. Her estate was never probated, So it still sits in her name. None of her kids are still alive either, so there are now like 12 or 13 people with interest in the property, and even that generation is starting to pass away.
A majority of the people want to keep the land open as it is - lots of wildlife in what would otherwise be the center of town. We have managed to protect almost half of it through conservation protections, but that still leaves a sizeable chunk of property. That property was split into 7 lots.
One (yes, just one) of the inheritors has decided that the land is worth a fortune and has asked the court to sell all the land and the proceeds be distributed. Most of the rest of the family is pretty poor off, but are trying desperately to hold onto the land. Several lots sit between family members, so are in regular use. And we have already had issues of "neighbors" (actually developers and real estate agents) complaining about the "condition" of some of the properties as they negatively impact the McMansions they are putting up.
We have already volunteered to break off one large lot at the end of the property that we would be willing to sell to buy out their interest. He has absolutely refused to do that. Most of the other properties are actually unbuildable - they are far too steep to access (like, 35%near-cliff like slopes) so the only two lots that have any chance of being sold are the one on the end (which is steep) and the one lot which sits between 4 of the other houses and serves as their shared back yard.
I don't know what to do at this point and it has been getting me so upset. Lawyer says not much can be done - it was he who suggested trying to settle with him. But he wont settle. So I guess we are all screwed. I have thought about how to buy at least that one lot - but you can't get a loan on land and I don't $150k lying around to buy it.
Any idea why this relative is being so unreasonable
Does he view himself as the one out of all the group that basically is the "least" successful or maybe the "most" successful
There are issues in play here that are really psychological in nature and not financial IMO
Have no idea about the dynamics of your family but this is about power--not really money--and since this one person is being so unreasonable (at least in YOUR opinion) there has to be motivation for that---
Any unresolved conflicts from childhood if you all grew up in same area?
And aren't there unresolved legal issues as well from allowing this to go so long w/o probate to setter the grandmother's estate?
Who was paying the taxes on all this land--even if it was maybe a small amount???
I am not sure if I understand correctly from your description, whether legally this property has already been subdivided, or is still one big parcel with a few old homes on it that some people may or may not still live in. The problem with property that is co-owned by a lot of people is, none of them really feel responsible for it and it sounds like at least some of it has fallen into disrepair. The ownership and responsibility for it is unsettled and convoluted. This is really not a very good way to hold property and often leads to conflict.
It sounds like you may want to get a consultation with a good land and estates attorney and find out what the status and options are for subdividing it and or selling it inside or outside the family. Someone does need to be in charge of deciding what happens... either you, or one of the others. This should be handled soon... in this generation. It will only get murkier the more time goes on.
Last edited by Diana Holbrook; 10-29-2017 at 09:13 AM..
Who pays the property taxes on the decedent's land? I'm surprised that the Commonwealth of MA would allow a valuable piece of land to continue to be titled in the decedent's name and with no probate filed. Did the old lady die without a will?
My great grandmother left a fairly large piece of property in central Mass when she passed away. <>
my great grandfather's estate went that way. Part of the family forced a sale. The last of the land was sold on the courthouse steps. Mom and two cousins bought what they could afford. That estate was planned out, but the best laid plans, and all that . . .
I am not sure that I'm clear on what you are describing. It sounds like 35 acreas, half of which is under protection thrpugh conservation, and part of which is divided up into 7 lots.
So, have the 7 lots been sold? nd you say developers/real estate agents are complaining about.......what areas? It souds like they are complaining with an agenda......like they are trying to get you to sell these vacant areas to them.
Not sure what power one heir has in a group of 12-13 heirs. Probate laws vary from State to state. Are all of you equal heirs?
If a couple of you are direct heirs....say grandkids to your grandmother.....you would have more inheritance rights than say the child of your cousin.....Could you clarify the position of the one that wants to sell?
If you are all equal...I think I'd give him/her there share in 12th of the land....and tell them to go for it. There rest of you can maintain your shares together.
Probate conflicts can be one of the most stressful life experiences imo
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