Legal Question in Wills and Trusts in Florida
house left to multiple heirs-one doesnt want to settle issue, can that hold up d
+Our mother died nine months ago leaving her 3 (adult) children equally in her will and leaving all 3 as the executors. It is currently in probate. All of the adult children lived with mother at time of her death, two have since moved out, leaving one remaining in the house that is soley in our mother's name. The one remaining now wants to buy the house for an amount of money less than the others wish to accept. If the sale does not occur, that sibling says he will not ''sign'' to settle the estate. At this point, he lives rent free in the house and informs the other two siblings that they are two/thirds rsponsible for the taxes, insurance, etc on the property. He has stated he is ''no hurry'' to settle for this reason. The attorney who filed the will says if agreement does not occur, then the heirs will have to retain separate attorneys (of which he will not be one)and fight each other. He has not told us that probate will or will not be closed with this situation. We just do not hear anything. Can't the probate be settled with the house just being put into the three names or can one of the heirs ''not sign'' and keep the estate from settling?
2 Answers from Attorneys
Re: house left to multiple heirs-one doesnt want to settle issue, can that hold
Since your interests are now adverse you should have separate attorneys. A court order may be necessary directing a sale. Since he is benefiting by living in the house he should be paying rent. Good luck.
Re: house left to multiple heirs-one doesnt want to settle issue, can that hold
As the home was your mother's homestead at her death, the probate court does not have jurisdiction over it. It passed at the time of your mother's death to the heirs. Each of you has an equal right to use of the house. In order to have any sort of sale without your brother's consent, one of you will have to file a "partition" law suit in the circuit court asking the judge to order sale of the property. The judge should do so and the cost of such an action should come out of the gross proceeds before distribution to the three of you. Mr. Slater is correct in that while you are all mutually responsible for the costs of the home, the brother owes the two of you rent for your share of the home. You need to retain a real estate attorney to proceed with the partition action.
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