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.
Family Law Attorney
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.
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