We are four brothers and 2 sisters. My father purchased a land property in the year 1978 on my younger brother?

We are 4 brothers and 2 sisters. My father purchased a land property in the year 1978. For our convenience, he purchased this land property in our younger brother’s name. The many is paid cash in that time. The of my younger brother at that time was 21 years and he was not having any source of income. My father said that after some years, you four brothers get this property equally divided. But Now our younger brother is refusing to give us a share in that property. What is legal way for us go get a share in this property ?

5 Replies to “We are four brothers and 2 sisters. My father purchased a land property in the year 1978 on my younger brother?”

  1. You would have to call a lawyer about this. Did your father ever put that in writing? If not, I would say your younger brother owns the land because his name is on the warranty deed. Do you have any kind of documentation other than your own memories that you father intended this? Even then, if your brother is the only name on the warranty deed, your father didn’t have the right to give it to anyone else. Was his name on the deed as well? If so, depending on the specific titling you may be entitled to share his interest but a lawyer needs to review the titling and any other documentation you have to prove your claim to this land.

  2. was this agreement ever put in writing? if not, you could all be screwed. the other issue is that if only your younger brother is on the title, barring any other legality of ownership, he owns the home free and clear. you need a lawyer…right now. this is why money and family don’t mix.

  3. If your father did not put his desires in writing or in a Living Trust, will or some other estate planning mechanism then you are really wasting your time and money going to a lawyer.

    You can not prove a deceased person’s desires.

    If there is a recorded deed filed with the county recorders office in which the property is located in your younger brother’s name then the property legally belong to your brother.

    Even though I doubt if you will win in a court of law you might contest this property in probate if the judge will allow it into the probate of your father, since this property is recorded in your brother’s name.

    I hope this has been of some benefit to you, good luck.

    “FIGHT ON”

  4. Even if your father wrote this in a will you still have no legal rights.

    The bottom line is the land is in your brothers name, always was in his name, and therefore belongs solely to him (well, his wife too if he is married). Your father did not have any legal rights to will it to other people, it was not his land.

    Who paid what is not relevant, the only relevant piece of paper here is who’s name is on the deed.

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