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    MrsRollings's Avatar
    MrsRollings Posts: 1, Reputation: 1
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    #1

    Jan 5, 2014, 08:01 PM
    Petition to partition
    I have filed a petition to partition on a lake property that was willed to my sister and I after the death of my Mother. What I am wondering is how is a property most commonly sold under these conditions. Does the court have a counselor find a Realtor and sell it on the market or do they put it up for Auction? If Auction, how does that proceed? Would I be able to bid on the property?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jan 5, 2014, 08:28 PM
    This is usually up to the local courts. Ask the court clerk where you filed.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jan 6, 2014, 11:38 AM
    How it is done may be specified in the civil rules or civil code in your state. If not, it will be done how the judge best works it out.

    If it is sold by auction I am sure you would be able to bid. But if you don't have the cash to in effect buy-out your sister you should arrange financing ahead of time, and work out the details with your bank.

    If you and your sister were distributed undivided ownership in common by the probate court, in my opinion, the personal representative may have been at fault, and should have sold the property in the probate proceeding.

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