Legal Question in Wills and Trusts in Florida

My mother passed away in Oct 2009; almost a year ago - in Florida. She had a Trust with 5 siblings as the beneficiaries. Upon her death my eldest brother went to an attorney who made my brother the successor of the trust (I believe that's how my mother set it up). In the Trust were a stock account and my mother's house. Unfortunately, my brother is in no hurry to sell the house. If left to him, he would probably never sell it. We all know the market has been down since then and doesn't show much sign of improvement. I think we should move on and sell the house and distribute the trust. My problem is, I seem to be the only one who is interested in seeing that happen at this time. So, here's my question: Do I have any legal rights to try and get my share of the trust without the sale of the house? If so, how should I proceed? Thanks for your advice.


Asked on 10/11/10, 12:04 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Petition the court to partion the house - since the court will not be able to divide it - it will ask that the house be sold or that your share be bought out and you paid.

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Answered on 10/18/10, 10:20 am


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