Legal Question in Real Estate Law in Illinois

''partition lawsuit''

A person in Chicago died without a will leaving real property. There are 5 children. Three want to sell;two don't. The two who don't want to sell, have moved into one of the properties. Neither have jobs and can't take care of the property.

What are the steps to take to force the sale of the property and to have the proceeds equally divided among the heirs.

Thank you.

Asked on 1/14/06, 11:03 pm

3 Answers from Attorneys

Robert Strupp Robert J. Strupp,Attorney at Law, PLC
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Re: ''partition lawsuit''

I am not sure from your question where this property is located. If in DC, the partition action would be filed in Superior Court. If successful, the Court would order a sale of the property. If the 2/5 living in the property are causing damage, there might also be an action against them for waste. Since you say that they have no ability to support the property, these damages might be paid for with their share of proceeds from the sale.

Robert J. Strupp

Atorney at Law, PLC

strupplaw@yahoo.com

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Answered on 1/15/06, 8:12 am
Charles Dobra Charles Wm. Dobra, Ltd.
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Re: ''partition lawsuit''

Your question did not indicate where the property is located or where the person who died was a resident at the time of death. These two facts are critical. In my opinion, the first thing to do is to file a petition to probate the estate. You may be litigating in TWO jurisdictions, depending on the facts. YOU DEFINITELY NEED THE SERVICES OF A LAWYER. You can feel free to contact me, if you wish. If not, you should contact your local bar association and seek referral to a lawyer who has experience probating estates. Note, that in Illinois, it is not necessary to have a will to probate.

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Answered on 1/15/06, 9:46 am
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.
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Re: ''partition lawsuit''

You and the siblings that want to sell the house MUST file a probate action in court. The deed cannot change without a court order. Please call for an appointment.

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Answered on 1/16/06, 2:46 pm

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