Can you pay the fees associated with the Petition for Partition with the proceeds from the sale?

MS law has a provision allowing for the payment of expenses from the sale of partitioned property. § 11-21-31. Attorney's fees In all cases of the partition or sale of property for division of proceeds, the court may allow a reasonable attorney's fee to the attorney or the plaintiff, to be taxed as a common charge on all the interests, and to be paid out of the proceeds in case of a sale, and to be a lien on the several parts in case of partition. MASS law seems at address this question in a similar way - § 241:22. Costs The reasonable expenses and charges of partition proceedings, including examination of title and preparation of plan ordered by the court under section seventeen, and the fees of counsel, of the commissioners, and of all agents, guardians and other persons appointed to represent interests in accordance with section nine, shall be determined by the court, and in case of sale paid by the commissioners out of the proceeds; and in case of partition by division shall be paid by the petitioner, who shall be entitled to contribution from the parties to whom shares of the land are set off who take a vested, and not contingent, interest. Such contribution shall be in proportion to the interests of the parties unless the court finds a different proportion more equitable. Costs may also be awarded under section forty-five of chapter two hundred and fifteen. Execution may issue for said contribution and costs. However, that being said, I am not a MASS attorney so I have no knowledge whatsoever on MASS law. I would recommend contacting a MASS real estate attorney. You will likely be able to find several on this site. They will be able to answer your question in more detail and assist you in the partition action.

while your question is relevant, the fees are the least of your worries, given the situation that you outlined in your question find a good local real estate attorney who has done a partition action (they are few and far between). that experience is far more valuable than the fees and the lesser cost of an attorney who has not done a partition

Mr. Yentzen was kind enough to look up the MA statute for you. The facts you recite would certainly support an application for partition if the property is able to be equitably partitioned, and it seems as though you siblings' conduct would support a court decision to tax the partition expenses as costs of the case, to be shared by the parties. But without question you are going to need a good Massachusetts real estate specialist to advise you and represent you. Taking this question as a teaching opportunity for others who may be reading this: Never leave a "family vacation property" equally to siblings. If you wish to do this, create an LLC or a trust, with specific rules for governance of the property, including management succession and "buy-sell" provisions. And preferably, have money in the LLC or trust to maintain the property, as children are rarely all in the same financial circumstances or use the property equally.