Legal Question in Wills and Trusts in Florida
my mother passed away and left her estate proceeds from the selling of the house to me , my sister , 4 grandkids, of which my sister and i get 25 percent each the rest divided up between the grandkids. my question is,,,can i sell my 25 percent of the house ?
3 Answers from Attorneys
Depends on how it was written up, but most likely yes. You may need the court to order a partician of the property so you can sell it.
Your ability to sell a 25 percent share of the house is likely to involve practical rather than legal issues. Unless there is a restriction in the gift, you can sell it, but you must find a buyer who wants your share. You could sell it to one of the other beneficiaries. Or all beneficiaries could agree to sell it and divide the proceeds accordingly, which is the typical manner of handling such bequests.
You ultimately could. However, if you are selling only a partial interest there may not be many buyers. No one wants to assume a partnership with strangers.
If you sell it to another family member or owner, it's much more likely to occur.
A partition suit is another possibility.