Legal Question in Wills and Trusts in Florida
probate
Mothers will was probated property which included house and additional lot to be divided between 6 children, house sold and distributed, 4 of the children want to hold on to property, 2 don't, what recourse do they have to recieves money for there share of property
1 Answer from Attorneys
Re: probate
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The 2 children who do not want to hold the lot can sell their shares to the other 4 children so that they will own it all. Another method would be for the 2 who do not wish to hold the property to receive alternative assets of the estate in lieu of the interest in the property if all agree and the court will approve the same.
Alternatively, if the others do not wish to purchase the interest of the other 2, the 2 who want to sell can petition the court asking that the property be sold and the proceeds be given to the beneficiaries.
Scott R. Jay, Esq.