Legal Question in Wills and Trusts in Florida
My mother died and left no known will. There are eight living children. Seven of usin agreement to allowing a grandaughters name to be on the property for tax and insurance purposes. The one sibling has contested and refused to sign off, with legal statues not giving the grandchild no rights to sell or mortgage property.
What legal avenues that we can take. A lawyer has computated two legal documents which she has refused to sign. Can she be excluded from the wrranty deed and can we do a trust with the seven of us being on the board to keep mother's properties intact.
1 Answer from Attorneys
Long story short is, you probably need to file a "partition" action, which is a forced sale or forced buyout. If the one sibling is the hold up, then you may be able to force a sale from her. Or, simply not do anything; if 7 of 8 siblings agree and are willing to pay taxes, etc. on the property, simply pay them. If sibling complains, present her with the bill for taxes and insurance and see if she's willing to pay them.
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