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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36368
Experience:  Texas Attorney for 30 years dealing in real estate
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Here is my situation. (In WIsconsin) I own half of

Customer Question

Hello- Here is my situation. (In WIsconsin)
I own half of a commercial property...building and land. The other owner is my uncle who also runs his business in the building. This half of the property was given to me through a trust of my grandparents. My uncle had the trust terminated without my knowledge and presented this to me almost a year later. So there was a year that I did not even know the trust was terminated. SO...the former lease agreement is null and void. I am in the process of getting a new lease going with an attorney. Requests we have made have gone with no response from them. WE submitted all the numbers and would like the back pay for rent which now is about 20 mos worth. No response from him. IN the meantime, I had visited the property ( with my husband) and found an oil mess outside. My uncle was not present. I have never had a key to the building. After some thought I decided to report it to the DNR. It was a 25 GALLON SPILL. My uncle was very upset and called the police and told them I must have vandalized the property! I was just trying to cover myself in case it was serious and it is my legal responsibility to report it. My uncle would have done nothing. The DNR made him clean it up and did not involve me. I then get a call from the police to stay off the property. That doesnt seem fair to me. Isnt that an "ouster?" IF there is no lease how does that affect my legal right etc... My uncle is 87 years old. What would happen if he dies....can I sue the estate then for back pay? I have plenty of letters and attempts at requesting a new lease to be put into effect. Very little response.We did some comparable rent checks around the area and came up with the lowest fair number for rent. I know that I can partition for sale but I am questioning whether the property has former contamination since this wood chemical preservative business has been there 100 years. I am nervous that I may be held liable for any clean up after he is gone. I also assume that his son will inherit the other half of the property. Thank you and what are your thoughts??
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Ray replied 5 months ago.
Hi and welcome to JA. Ray here to help you today. You can sue here for partition of the property.This is a court ordered sale and the rent you are owed as well as legal fees, costs of sale all come off the gross sales price then the net is divided.This would be your best means to protect your interests and force a sale.You would recover all you have in the property. If the uncle deceases it would be possible to file a claim against the estate and sue here, but a partition suit is a faster way to get our money and prevent further destruction. Law for reference Lawyer referral A suit for partition here seems to be your best means to get repaid now and force a sale of the property. I appreciate the chance to help you today.Thanks again.
Expert:  Ray replied 5 months ago.
If you can positive rate when we are done it is always much appreciated.