(Warning: Typos Intact, Not Legal Advice)

2012 Parents granted an 80 acre land parcel to sibling. Prior, all siblings told that land would be divided evenly. Legal?

father inherited his father’s land 40 acres, then purchased adjoining land (40 acres). All 4 children were told by parents that land would be divided evenly among the 4 to keep the land in the family. If any of th 4 did not want an even parcel, he/she could sell to one of the siblings. In 2012, parents deeded land to 1 sibling without informing all. Information was hidden by parent and siblings until recently. We believe the sibling coerced parents into giving him all the property. Any way to reverse this by land being put into a family trust? Father is now deceased, mother is alive.

Answer: It is not at all unusual for families to have various discussions about how to divide property, especially real estate such as farms, hunting property, cottages, and other assets with special emotional or economic significance. However, in the absence of a contemporaneous written agreement signed by the parties, the Statute of Frauds prohibits any binding agreement regarding interests in land. This is fundamental law throughout the United States. Without a written agreement, there is no enforceable right to carry out discussions about the division of property.

It may well be that your brother coerced your parents into signing the deed, but that is a matter for litigation and is generally very difficult to prove. If you believe that your brother exerted undue influence over your parents or that they lacked the mental capacity to sign the deed, you should consult with experienced litigation counsel with expertise in elder law and estate planning to attempt to reverse this issue.

You must realize, however, that your efforts are likely to be expensive, frustrating, lengthy, and ultimately unsuccessful.