Dear Ms. Allison: My brothers want to sell my parents’ ranch (land and house). I don’t want to, so what kind of lawyer do I need to get to stop them? Ty in Wagoner County

Dear Ty:

With what you’ve given me to go on, I can’t really determine your situation or whether this is even a question of an estate dispute. There are many unanswered questions, like:
• Are your parents alive and competent? Alive and not in their right minds? Has one or both of them passed away?
• Do or did your parents own their property in one name only? In both their names? In joint tenancy with rights of survivorship? Or does someone else own the property – for instance, was the ranch a business and owned by a corporation?
• Is the property under a Will or held in Trust? Is the Trust revocable or irrevocable?
• Are your brothers of legal age? Are you?
• Do any of you have the right to sell or not sell your parents’ property? Are any of you your parents’ legal guardians or Powers-of-Attorney (if they are living), Executors (Administrators or Personal Representatives) or Trustees (if they are deceased)?
Those questions are just the beginning, and depending on the answers you could need a probate and estate administration lawyer, an elder law attorney, an estate dispute lawyer or even no attorney at all. It is a common error that many potential clients make, because they don’t know the true parameters of the issue they face. It is very important that you seek a skilled attorney and are ready to answer the above questions and many more.

Please see our website Library’s Working With Lawyers FAQs to learn about our initial consult policy and more things to help you define your situation before taking any drastic measures.

That’s your question, Asked and Answered, My best to you,
Gale Allison

Dear Ty:

With what you’ve given me to go on, I can’t really determine your situation or whether this is even a question of an estate dispute. There are many unanswered questions, like:
• Are your parents alive and competent? Alive and not in their right minds? Has one or both of them passed away?
• Do or did your parents own their property in one name only? In both their names? In joint tenancy with rights of survivorship? Or does someone else own the property – for instance, was the ranch a business and owned by a corporation?
• Is the property under a Will or held in Trust? Is the Trust revocable or irrevocable?
• Are your brothers of legal age? Are you?
• Do any of you have the right to sell or not sell your parents’ property? Are any of you your parents’ legal guardians or Powers-of-Attorney (if they are living), Executors (Administrators or Personal Representatives) or Trustees (if they are deceased)?
Those questions are just the beginning, and depending on the answers you could need a probate and estate administration lawyer, an elder law attorney, an estate dispute lawyer or even no attorney at all. It is a common error that many potential clients make, because they don’t know the true parameters of the issue they face. It is very important that you seek a skilled attorney and are ready to answer the above questions and many more.

Please see our website Library’s Working With Lawyers FAQs to learn about our initial consult policy and more things to help you define your situation before taking any drastic measures.

That’s your question, Asked and Answered, My best to you,
Gale Allison

Categories: Property Issues, Estates and Trusts, Powers of Attorney
Tags: property transfer, deeds and titles, selling parents’ property