Legal Question in Wills and Trusts in Florida

Re: my grandmother's house

The estate must be probated.Anyone incurring expense, would have a lien on the proceeds.

Re: my grandmother's house

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You need to provide more facts. Has the estate been probated? If so, then there are three owners including you dad, your uncle and the estate of the uncle who passed away. Each is responsible for a share of the upkeep of the home. Of course, you did not say who is using the home, if anyone. If it is being rented, the income could pay for the mortgage and upkeep. If not, then if one of the sons is using the home, it is fair that he be responsible.

If nobody is using the home, then it should probably be placed for sale and the proceeds divided after reimbursement for expenses advanced in maintaining the residence. If the parties cannot agree, then suit should be filed for partition. The court will allow one of the parties to buy out the others. If it cannot be agreed upon, then the property would be placed for sale by court order and the proceeds shared after reimbursement for all expenses including court costs.

Scott R. Jay, Esq.