[thhuggins]

I inherited 3 acres of land from my deceased father. The total amount of land is 12 acres. My grandparents divided up between my father and Aunt. I'm paying the taxes on it, and I want to sell my 3 acres. I don't know what steps to take to divide the land without backlash from my Aunt. We are in South Carolina. Any feedback will be most helpful!

[ScottGem]

First question is how is the land titled? Check with the county recorder of deeds to find out. If the 3 acres id described and titled in your name, then you just put it up for sale. If not we need to know how its deeded and described on the county rolls to advise.

[AK lawyer]

I'm not sure what you mean when you write that your grandparents "divided up" the land and you inherited the 3 acres.
1. Did the grandparents execute a deed to your father specifically describing a particular three acres?
2. Did your father leave this to you in a will?
3. Was this will probated (I.e.: an application made to the court to appoint a personal representative and to administer the terms of the will)?
3. Did the PR fully administer the estate (by executing a deed to you)?

If the grandparents did nothing but say that the aunt gets this and your father gets that, you will have to first have your grandparents' estate probated; the probate court could direct that the property be subdivided and you and your aunt get appropriate shares (assuming that you can prove that you are your father's only heir).

[thhuggins]

My grandparents did put it in a will for my aunt & father to inherit 6 acres of land a piece. I have a document, a family trust, which specifically states my father's 6 acres are to be divided 50% to me and the remaining 50% to my brother.

There was nothing to probate, the house automatically when to my stepmom. I checked with the courthouse, the land is deeded in my aunts name. I'm just trying to find out what I need to do to with the trust document to sell what was left to me.

I don't want to continue to pay taxes on land I do not want, but can be beneficial to me if sold.

[AK lawyer]

My grandparents did put it in a will for my aunt & father to inherit 6 acres of land a piece. I have a document, a family trust, which specifically states my father's 6 acres are to be divided 50% to me and the remaining 50% to my brother.

There was nothing to probate, the house automatically when to my stepmom. I checked with the courthouse, the land is deeded in my aunts name. I'm just trying to find out what I need to do to with the trust document to sell what was left to me.

I don't want to continue to pay taxes on land I do not want, but can be beneficial to me if sold.

How did the land get from your grandparents to the trust? If the grandparents conveyed it to the trust while still living, their will is immaterial. Assuming that the trust is done properly, it is only necessary that the trustee convey to you, your brother, and your aunt (What you mean by "There was nothing to probate, the house automatically [went] to my stepmom." is unclear. Is this house also on the original acreage? And how do you figure this is automatic?)

I assume your aunt is the trustee. You need to insist that she execute the trust as written. If she refuses to do so, a lawsuit will be necessary.

[ScottGem]

I agree with AK. The terms of the trust need to be reviewed. Was the land supposed to be subdivided upon your father's death? When did your father die? Who is the trustee for the trust?

You are saying the whole 12 acres is in your aunt's name? How and when was it recorded. If your grandparent's will specified that your father and aunt get 6 acres each then upon their deaths (and probate of their will), new deeds should have been issued to your father and aunt. Then the deed for his 6 acres should have been deposited with the trust. So it appears somewhere along the line something was not done right. You need to go back and find out what happened.