Legal Question in Wills and Trusts in Florida
Co-Owner won''t return calls
My father-inlaw passed away 16 months ago. He owned a townhouse with a lady as tenants in common with no right of survivorship. He left his half of the townhouse to my husband and his two sisters. The mortgage ha been paid off by whom we do not know because the woman refuses to talk to us. She tried to sell the house from under us but was unable to do so because my husband probated th will in Florida and the court named them as owners so she was unable to sell it without our consent.We agreed to sell the house as long as we recieved 50% of the profits but she refused to go through with it. Now she refuses to return our phone calls about what to do with the house. She has moved to another county and left the house empty. How can we go about getting her to respond to our calls and letters? We would like to settle the estate but we do not know how to proceed. Any help would be appreciated.
1 Answer from Attorneys
Re: Co-Owner won''t return calls
Based on the limited information which you have provided, it appears that the best option might be to file suit to quiet title on behalf of the estate. By so doing, the Court will order the property placed for sale to a bonafide purchase for the highest possible yield. Generally, the Court will require your attorney's fees and costs to be paid from the proceeds of the sale. This can be a complicated action and you should consult an attorney who has knowledge about both probate law and real property law.
Scott R. Jay, Esq.