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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7405
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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My husband and 2 other family members own lake property in

Customer Question

My husband and 2 other family members own lake property in the state of Minnesota. My husband and 1 other family member want to sell the land. Can the 3rd party be forced to sell?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, my husband and his sister have only recently decided that they wanted to sell.
JA: Please tell me everything you can about this issue so the Lawyer can help you best.
Customer: The land was inherited after the death of my Mother in Law. My husband, sister in law and brother in law all equally received 1/3 of the estate. My brother in law died 10 years ago, leaving his share to his widow. My husband and his sister are in their 60's and could benefit from the sale of the property.
JA: OK. The Lawyer will need to help you with this. Is there anything else the Lawyer should be aware of?
Customer: It is only land. There are no buildings on the property.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.
If the property is capable of being surveyed and physically divided between the three heirs, that is what should be done. If the property cannot be physically divided equally between the three, then a court can order the property to be sold and the proceeds divided between the three. That is called a "partition suit". It is highly technical, and would require the services of a local real estate attorney. .I hope that this information is helpful.Please don't forget to enter a rating by clicking on one of the five boxes at the top of this reply. We are not employees of Just Answer, and only receive credit for assisting you when the rating is positive. AND THANKS FOR USING JUST ANSWER.
Expert:  Irwin Law replied 1 year ago.
The trustee can be anyone who both parties agree upon. Your lawyer may not want to serve as trustee because he represents you, and cannot be a neutral person