Asked in Real Estate Law and Probate for Wisconsin

Q: My brother and I inherited land when our mother passed away my aunt's own a portion of said land

I asked my aunts to buy us out or were selling our portion there making things difficult although we inherited it legally , 1 aunt is saying it's private property and that we can't sell our portion .

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1 Lawyer Answer
Thomas B. Burton
Thomas B. Burton
  • Probate Lawyer
  • Eau Claire, WI
  • Licensed in Wisconsin

A: You will need to look at the deed to determine how you took title to the land to figure out what to do next. I recommend you pay a real estate lawyer to examine it for you and then lay out your best options in this situation. If you and your brother own an interest in the property, and you hold title in your individual names, then it is likely you could go to court and ask the judge to order a partition action for the property. The judge could then divide the property so that you could sell your portion, or if the judge determines the property is not able to be divided, and if the owners cannot all agree, then the judge may order you to sell the property and pay each party out of the proceeds. I recommend you speak with an experienced attorney before proceeding. Best of luck to you.

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