Answering a Petition on Real Estate
During probate of my Grandma'estate I was awarded a share of land w/my uncle per her will. I have been petitioned by him for this land. Is there a format I should follow to answer this petition? He wants a ''partition in kind'' to be made. He did not send a copy of the petition w/the summons I had to obtain a copy myself. Is is necessary to consult an atty? or can I respond myself? A format will assist.
1 Answer from Attorneys
Re: Answering a Petition on Real Estate
Where all of the co-owners are competent adults, a partition sale is readily avoidable by a cooperative sale or by an agreed division of the property. However, now that a legal action has been commenced, the opportunity for a peaceable settlement is by the boards.
You should contact an Oklahoma attorney immediately.
An action to partition real property involves various time limits, including those on the filing of elections and protective counter-elections and on making choices between physically dividing the property or a co-owner's electing to take the property at its appraised value or offering the property for public sale to the highest and best bidder.
The kind of questions that you have asked indicates to me that you are not fully informed on the subject. There would be a lot of substantive law and procedural rules that you would need to know or learn in a big hurry. Therefore, it would be extremely risky for you to attempt to represent yourself in a matter of this complexity unless the property has hardly any value.
As is nearly always the case, there may be time limits and statutes of limitation involved in this legal action. So you should act promptly.
This response to your message does not establish a lawyer-client relationship. In order to engage my services, you will need to contact me in person or by telephone and make arrangements for me to represent you.