Legal Question in Wills and Trusts in Illinois

farm

A 200 acre farm is in probate with 4 siblings holding shares. One sibling has 2/5ths and the other three hold 1/5th share. What happens when some siblings want to sell the ground and others don't want to sell. Do all siblings have to agree before shares can be sold?


Asked on 9/03/07, 11:03 am

1 Answer from Attorneys

Re: farm

It depends how the title is held. It may be possible to sell an interest that is less than the whole, but then the question is: Who would want to buy a partial interest?

The best thing to do is to get agreement between the siblings. If that is not possible, then perhaps a family settlement agreement that would have one or more siblings buying out the others' interests would work.

If all else fails, you may try petitioning the probate court to order a sale (this works well if the siblings who want to sell are being forced to pay expenses to maintain the property, etc.)

Good luck to you.

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Answered on 9/03/07, 12:03 pm


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