inheritance question

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Aidan

New member
Jan 15, 2004
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Hello,

I have a question?

When my father passed away, left two properties in inheritance to his 4 childrens and my mother.

my question is: how can we split those properties since both properties are commun to each member of the family.

Could it be splitted in this way: one house to my mother and the other one to the son's (4) and divide it as condominium. since the house is big enogh to divide in 4 diffrents apartments.

Does the condominium law apply for inheritance?
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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You can split it whichever way you, your mother and your siblings agree to. If you cannot reach an agreement, then any heir can petition the court to split the estate following certain rules contained in the Code of Civil Procedure. If a property is difficult to split, the court may order its sale in a public auction.

Condominium law applies only to properties that have been declared as a Condominium by the Superior Land Court after compliance by the owner of the building with certain legal requirements.
 
A

Aidan

New member
Jan 15, 2004
13
0
0
Fabio J. Guzman said:
You can split it whichever way you, your mother and your siblings agree to. If you cannot reach an agreement, then any heir can petition the court to split the estate following certain rules contained in the Code of Civil Procedure. If a property is difficult to split, the court may order its sale in a public auction.

Condominium law applies only to properties that have been declared as a Condominium by the Superior Land Court after compliance by the owner of the building with certain legal requirements.
Click to expand...

when you said we can split it whichever way we want does that means each of us will have legal documents; and we could either rent or sell our portion of the property.
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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252
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www.drlawyer.com
First you sign the settlement agreement dividing up the estate. Then you petition the Superior Land Court to order the Registrar of Titles to cancel the old Certificates of Titles in the name of the deceased and issue new ones as indicated in the settlement agreement.

The following documents must be filed with the petition:

a) settlement agreement
b) Certificates of Title
c) Government receipt showing payment of estate taxes
d) death certificate, marriage certificate, birth certificates, affidavit of heirship.

Don't try to do this yourself. You'll need a lawyer.
 
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