Comments: Emotional And Technical Challenges To Mediating Partition Actions

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Mary , Escondido   02/25/12
I will be a participant in a mediation meeting involving a family farm. This property cannot be split. It was passed down to the 4 siblings through a family trust. Each inherited 25% as tenants in common. The farm has one SFR and additional residences are not permitted. One of the siblings passed away & her children, who lived out of state, wanted to sell their interest. The three remaining siblings were unwilling to work as a team and buy their interest and no one was willing to sell. Another sibling passed away, but this time one of her sons bought out his brothers interest and he came into the mix as a 25% owner. He and another 25% owner (me) formed an LLC. The other sibling did not want to join the LLC. The LLC bought out the the 1st siblings interest from her sons and now own 75% with the remaining sibling owning 25% as tenants in common. The remaining sibling's son moved into the house and is paying rent to his mom. The LLC offered to buy out the remaining sibling above the appraised value, which was turned down, they also offered to sell their interest, which was also turned down, and she refused to join the LLC. This sibling and her sons don't get along with the other owners and their goals are not the same. Any suggested toward a solution, we've tried everything but it's heading to partition by forced sale? The person who doesn't want to sell states that the property needs to be put back in better shape and the market needs to change first. Can we be forced to wait until she is ready?