Legal Question in Wills and Trusts in Florida

Florida Estate real estate

Can my sibling (who is the personal representative) force me to sell a property that was given equally to both of us according to my Mother's will?


Asked on 5/24/09, 3:42 pm

2 Answers from Attorneys

Robert Roemer Robert Roemer

Re: Florida Estate real estate

Under Florida law. real property can not be divided and your sister would have to bring an action for Partition of the Property (to have the property sold)

I would check the assets under the Will because maybe you can make a like exchange, if there are appropriate assets, where your sister receives the equivalent in value from estate assets and you get the property

If this can not be done, the only way you can retain the property is to buy it from her

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Answered on 5/26/09, 2:25 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Florida Estate real estate

If it is something that cannot be divided (split in half) she can request and the court can order the item sold and the funds split. Of course, you can buy her half and keep the item.

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Answered on 5/24/09, 4:28 pm


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