Maumee, OH asked in Arbitration / Mediation Law, Estate Planning and Probate for Illinois

Q: Thank you. I do understand that to be true.... 1 family member however that is wanting to sell, does not want to...

Give up their mineral rights to the land... can they really have the best of both worlds & ultimately screw the other 2 family members.

2 Lawyer Answers
Charles E. Hutchinson
Charles E. Hutchinson
Answered
  • Estate Planning Lawyer
  • Wilmette, IL
  • Licensed in Illinois

A: When it comes to selling and buying, most everything is negotiable. If they are not willing to sell 100% of their share, then the value of that share may be greatly diminished. The remaining plaintiffs could sue in court demanding that the sale include mineral rights, although nothing is guaranteed regarding the ultimate outcome.

J. Richard Kulerski
J. Richard Kulerski
Answered
  • Arbitration & Mediation Lawyer
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: When I first answered your question, I thought it was merely a real estate partition issue. As a Chicagoland attorney, I know know how mineral rights play into your situation. Contact a local attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.