Legal Question in Real Estate Law in Florida

My dad died 15 years ago leaving a three bedroom home, which has since been occupied by one brother who subsequently died February 2010. The deed is on the names of ten children including the deceased brother. We wish to have our sister in law vacate the premises since she is abusing the trust placed in her. Over the years the taxes and maintenance of the property were cared for by the other siblings not the brother who lived there.
Since we would need to file a partition suit if our sister in law does not leave voluntarily, can we claim that since they lived there without paying rent they already received their allocation and are not entitled to one tenth of the value of the property?.

Asked on 11/21/10, 9:48 am

2 Answers from Attorneys

Shelly Schellenberg MI & FL private practice

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The sister in law and deceased brother's estate may be liable for rent that they never paid. A lot depends on whether the siblings agreed to let him live there for free, or if it was expected that his "share" of the value of the property was the use of the property. Since it doesn't sound like he paid anything, he/his widow probably owes, but it will be hard to collect since you permitted this to go on for 15 years. If the deed is in the name's of ten children as tenants in common, your brother's estate (his wife) may now be an owner of his share. You need a real estate attorney. You may contact me at 727-953-6000 for more info.

Answered on 11/26/10, 11:26 am

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