Legal Question in Wills and Trusts in Florida

Re: Heirs selling property

A partition action will force a sale.

Re: Heirs selling property

I do not know what state you live in, but the previous answer stating you can Petition the Court to have the property partitioned is correct. Where the property is physically incapable of actual division into two separate parcels, i.e., a single family residence as opposed to 80 acres of vacant land, the property is either sold to a third party, or one or the other owner ends up purchasing the other party's interest. However, as with all lawsuits you should know and understand that commencing a partition action may well result in significant costs and expenses such as appraisal fees and attorney fees, the result of which you are advised that a fair resolution short of commencing a partition action may be better than an excellent lawsuit. From your question it appears the property is presently being marketed for sale, but that you have not received any offers. Armed with these facts, you may wish to make your sister an offer to purchase her share of the property at a price you are willing to pay and at a price your sister is willing to accept.