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Who pays for a partition suit...........

Charlotte, NC |

We are in the process of settling the estate of my parents. If one of the siblings decides to file a partition for the sale of my parents property (three of us own the property jointly per the trust), who pays for the court costs for the partition--the trust or the sibling filing the partition? Hope it does not come to this because I know that it is costly and can drag out for a long time.

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Attorney answers 2


The party who files the suit pays the filing fees. Each party pays their own attorney fees. If a referee is appointed, the costs are split among the parties. Partition can be a very expensive proposition.

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Typically, the parties pay their own costs. You can ask the judge to award costs in cases where the court process has been abused, but this seldom happens, in my experience.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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