Legal Question in Wills and Trusts in Florida

Yes. It is called a partition suit.

Your inquiry does not include certain critical information. Does the will specify that the property will be sold and proceeds shared equally by the surviving children? If the will is a general bequest to the five children without any restrictive language, it is advised that the five children agree, in writing, on the rental or conveyance of the property. One of the beneficiaries could petition a probate court to order either sale or rental or other disposal; however, the court will consider the intent of the testator as expressed in the will and/or the wishes of the five beneficiaries as determining factors in rendering a decision. Discussion with a probate attorney could clarify other issues which are not included in the inquiry.