Legal Question in Wills and Trusts in Florida
In Florida if a will reads that a house is in 5 children's names, if one child tries to "live" in the home, can they be forced to buy the others out before moving in?
3 Answers from Attorneys
No. Assuming that the home is in fact titled in all 5 childrens names, then each child has every right to live there or rent the property out. One owner who tries to keep another owner out is commiting an "ouster".
If this is going on then what you need to do is contact a lawyer about a "partition" suit. Where the property is sold and the money split.
Not without a court order but he should be paying the others rent. The will should go to probate and have the personal representative appointed. The heirs can then enforce a partition action to compel a sale.
No one of the owners can take a possessory right better than the others without a Court order. If they take possession they can be sued for ejectment and they can be required to pay rental for their period of possession. seek legal help.
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