Legal Question in Wills and Trusts in Florida
In 2000, my grandparents died in a house fire. At the time of their death, the house, although now destroyed, had been paid off. Their assets went through the usual probate process of paying off debts to creditors and dividing up the remaining funds between my mother and her siblings; however, the property itself did not transfer to anyone and is still considered to be in probate (from my understanding anyway). Three of the five siblings are living and they struggle to pay the property taxes, which are currently four years in arrears with tax certificates issued out. In the past, I have paid the tax bill individually and collectively. Now, I would like to take ownership of the property and be solely responsible for it, and although my mother and one aunt have no objections, the other aunt objects and wants more money than what she would be given individually if the property were sold (never mind the outstanding tax certificates LOL). What actions can I take legally?
2 Answers from Attorneys
Obtain an ownership interest and sue her for partition of the property. It is an expensive process and you need an attorney to get it done correctly.
An owner can bring a partition action in Court to determine fair market value and either buy her out or sell the property and share the proceeds.
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