Legal Question in Real Estate Law in Kansas

My parents left my sister and I some farm ground when they passed away. My sisters boys farm and mine do not. One of her boys is renting the farmground from us. I've already had to consent to a "forgiven debt" because they couldn't get the wheat one year because of too much rain. I told her this could not happen again. I would really like to sell my share so I do not pass this problem on to my children when I die. I have told her I want to sell my share but she says none of them can afford to buy it. I have no idea how we would divide this ground and if I can sell without her consent. She does not want me to and I hate having this come between my sister and myself. Do you know what my legal rights are and how I go about trying to sell my half? This was left to us in a trust.

Asked on 8/19/10, 2:06 am

1 Answer from Attorneys

Keenan Post Post Warren Lindstrom, LLP
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You can file a partition action and force your sister to buy your share of the land, or have the land sold at public auction. It is generally a fairly simple procedure and the legal fees and costs are typically paid out of the sale proceeds or split among the parties. Give me a call if you would like to discuss further. Good luck.

Keenan Post

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8/24/10, 10:43 am

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