Legal Question in Real Estate Law in Florida

Estate Trailer Eviction of Sister

Facts: Parents deceased; four children; my oldest sister and I are trustees of estate. Everything is to be divided equally. Mobile home in Florida that another sister asked to live in. She has been in the mobile home for the past three months has not paid rent. Insists she has the right to live there rent free, with or without our permission.

Q. Is this true?

A. No. As Personal Representatives of the Estate you must conserve all the assets for the benefit of all. A Mobile Home is a depreciable asset that consumes other assets/money to pay for rent/mtg., utilities, insurance, etc. and could be damaged or destroyed by your sister and her family. It should be sold ASAP.

You have a legal responsibility to evict her for non-payment of rent. Consult an atty. and get moving. Your other sibling could hold you and you oldest sister legally responsible if you don't act.

Re: Family Ownership

There is no simple answer. It depends on the wording

of the trust agreement, the will, other documentation

and all the facts and circumstances. You do need

to consult with an attorney who can explore the

different possibilities.