Legal Question in Wills and Trusts in Florida
disposing of inherited condo
my brother and i jointly inherited a condo from our parents last July. i want to sell and he's not willing. what are my options to get him to sell and how long does it take? also, while my mother was still alive he escorted her to the bank and had my name removed as co-beneficiary on most of the CD's. do i have legal recourse? what kind of attorney(s) would i need? there's also a will (not filed) that divides everything between us.
2 Answers from Attorneys
Re: disposing of inherited condo
A partition action in Florida is the solution. You may contact me to discuss.
Re: disposing of inherited condo
You can bring a "partition" suit. This basically forces the sale of the condo under a judge. As to how long it takes, it depends on how hard your brother fights it; a lot of times once people realize the property is going to be sold, and any money they spend fighting it is going to come out of the sale, they allow the sale, but if he fights it, it could take months or years.
You might have legal recourse depending on the circumstances of your being removed from the accounts; the legal term for this is "undue influence" and his being present when your name was removed would raise that possibility. You would need a probate attorney.
As far as the will goes, you can force a probate and division of property, once again, you'd need a probate attorney.
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