Legal Question in Real Estate Law in Minnesota

Re: Sale of jointly held willed property

First, yes you definitely have an attorney handle this transaction. It appears that the title has been spread among numerous people, and it is in the interest of all of you to have the title "cleaned up". I'm unclear whether the grandchildren now hold the title as tenants in common, whether the title has not been updated to reflect the deaths of your father, aunts and uncles, or whether the recorded title to the property currently is in some other condition. The answer to this question will determine who has to approve the transfer of the property. As to your question about passage of your father's share, I need more information about his will and whether his estate was probated.

I know I am offering more questions than answers, but an attorney will need answers to these and some other questions before he can resolve this matter. I am certified by the Minnesota State Bar Association as a real property specialist, and would be happy to work with you on this. Pleae e-mail any further questions to me directly at [email protected]

Re: Sale of jointly held willed property

This property should have been titled in your father's and his siblings' names when it was previously probated. When your father died, his share should have likewise been probated to transfer title to his heirs. Those heirs together own 1/3. Presuming there are no written agreements between the owners of the property, unless there is unanimous consent, nothing can be done to sell it. The way out is for any of the interested parties to commence a partition action, requesting that the court divide the property or order it sold and divide the proceeds. These are very effective and often times result in a negotiated settlement without having to actually go the litigation route. You should contact an attorney fairly experienced in negotiating such matters. Good luck!