Legal Question in Wills and Trusts in California

How to petition sale of share of land inherited a year ago?

My father died Sept. 5, 1995. He left 80 acres he owned in Wisconsin in trust to his five children. The trust was dissolved last year. My family and I voted to hold the property for sale for one year. The year is nearly up and I want my portion of the land sold. I'm expecting a baby and need the income.

I am unable to get straight answers from my family on how to initiate sale of the land or whether the land will be sold as decided last year. My family is concerned about finding investments and want to sit on the land. I am expecting a baby and want my share as soon as possible. Is there any way I can get the ball rolling on this?

I have had no cooperation from my family and have not been sent much in the way of paperwork. My sister has run various parts of the trust as if it were her personal goldmine, but I just want this settled and over with as soon as possible. What can I do?


Asked on 8/23/01, 7:49 pm

1 Answer from Attorneys
WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

Re: How to petition sale of share of land inherited a year ago?

If the trust has terminated then all of you own the property as tenants in common. If this is true, then you could hire an attorney in Wisconsin and file a petition to partition the property which is a forced sale. If the trust has not terminated then you could petition a court to take jurisdiction of the trust and force a termination in accordance with its terms.

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Answered on 8/27/01, 12:35 pm


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