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

Asked about 1 year ago - 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.

Attorney answers (2)

  1. Celia R Reed

    Contributor Level 20

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    Answered . 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.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
  2. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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. ******... more

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