Legal Question in Wills and Trusts in Illinois

I don't know what you mean by "exesitors." In a land trust there are those who are "beneficiaries" and those who have "power of direction." Often they are the same people but not necessarily.

If the younger brother is beneficiary but does not have power of direction then he has no say in the matter of the decision to sell. If he has power of direction then you need to have a lawyer review the land trust language to see if his vote can be nullified or superseded by the majority of power holders, i.e. the other two sons.

If in the end your younger brother has to be dealt with and he refuses to cooperate then you must hire an attorney to file a lawsuit and ask the judge to break the deadlock.

Furthermore, three years is a long time. Who has been paying the real estate taxes, assessments, and insurance? Is one of the brothers living in the condo? Rent free? If so (as it often happens) he is consuming the interest in the condo that belongs to the other 2 brothers as well as his own. All of these issues need to be resolved. My guess is that it is the younger brother who refuses to sell who is squatting there rent free.

If you need further assistance you may contact me through my website: www.legacylaws.com.

Generally under Illinois law if there is a disagreement with the joint ownership of real estate, you can file a partition action and force the sale of the property.

There is an exception for property in an Illinois land trust. You cannot partition property in a land trust. You do need an attorney to review the situation and determine the best way to move forward.