Legal Question in Real Estate Law in Minnesota

Living will

My parents signed their home over to all three of their children four years ago with the agreement they could live there until their death or they moved out. My father has died and my mother has moved. My mother would like to sell the house and so would we. I have one sister that refuses to sign to sell the house because she felt the house should have been hers. How can we sell if she will not sign?


Asked on 6/18/03, 1:02 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Living will

Seems like every family has someone like her.

How you do it, if she really won't sign, is by means of a legal action called a "partition." One goes to court and gets an order requiring that the place be sold and that the proceeds be divided among the owners as their interests appear. Since it is done by court order, the sister's signature is not required.

Down side is that you will have attorney fees. I would have to do some research to tell you for sure, but it seems to me that the noncooperative sister might be required to pay at least her share of these fees.

Good luck.

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Answered on 6/19/03, 2:24 pm


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