Legal Question in Wills and Trusts in Wisconsin

inheritance

My question is this. There are 6 siblings that recieved 127 acres of land upon my grandmothers death (1983) my father used the land and collected the rents until his death(last week). 5 of the siblings want to sell the land but one does not. He cannot afford to buy the land nor does any of us want to give our share to him. We have not formed a legal partnership but I think one already exists. Because 5 of us have decided to sell I think that majority still would rule because some sort of partnership does exist. What problems do we face if we cannot persuade him to sell. Can we still list the property and sell without him. Any information you give we is greatly appreciated.


Asked on 1/20/01, 3:54 pm

2 Answers from Attorneys
JAY Nixon nixon law offices

Re: inheritance

I duly appointed personal representative in a

probate proceeding will be able to sell the

property, even against the wishes of any individual

heir, with court supervision.

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Answered on 2/14/01, 8:12 am
Thomas Schober Schober Schober & Mitchell, S.C.

Re: inheritance

Your question is a bit vague, but I presume: the

6 siblings are all grandchildren of your grand-

mother; your father merely "used" the property and

never had title to it. While you may be correct

that a partnership exists, it appears to be in an

unwritten state at this time. Consequently, it

would be inappropriate to assume that majority

controls. That is a question of fact that needs to

be resolved. If the facts point to all decisions

requiring unanimous consent, then the parties un-

willing to go along could petition a court to

partition the partnership property and end the

partnership. If the property is not easily divisible,

the court could order it sold and divide the

proceeds.

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Answered on 2/15/01, 2:21 pm


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