Legal Question in Real Estate Law in Florida

Property rights (real estate)

My father passed away and left my siblings and I property. My sister moved in without discussing it with anyone. She refuses to pay rent. How do we get to share in the profits of our property. Can we have her removed, so that the property can be sold? What exactly are our rights? Also she does not have insurance on the property and that presents a great liability to the rest of us. Help!!


Asked on 5/03/98, 7:36 pm

2 Answers from Attorneys

Randall Reder Randall O. Reder, P.A.

Handling property left to syblings

The first step is to make sure how the property was titled. Was it in you father's name alone or jointly with the children? Assuming it was inhis name alone, you will have to file a proceeding in probate court to determine who the owners are.The procedure will depend on whether the propertywas his homestead. Once ownership is determined, any of the owners can file a partition action and have the property sold at an auction. This isdefinitely a situation where you should consult andretain an experienced real estate attorney.

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Answered on 5/22/98, 9:48 am
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Fla. Inheritance Property Rights Among Heirs

How do we get to share in the profits of our inherited property? Can we have our sister removed, so that the property can be sold? What exactly are our rights?

Mr. Randall Reder is correct in saying you will need the help of an attorney. Self-help remedies are not recommended. You could all move into the property but it would be extremely uncomfortable.

In the probate litigation you can ask for an accounting and require the Personal Representative deed to buy insurance. You can also ask the court in a partition action to remove your sister and force the sale of the property.

The first thing you should do is make an appointment to talk to an attorney.

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Answered on 5/30/98, 12:17 pm


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