Legal Question in Wills and Trusts in Florida
Somebody please help me...
I am the Per Rep. of my mother's estate who passed in 05. I hired
an attorney to put it through Probate.It is almost over, we have a hearing to estab. Homestead coming up in Jan.
My Brother moved into my Mother's house, her Homestead, a house and 2 acres of land, which we both were willed equal shares of each. He had agreed to sell it and split everything, minus the fee's I have paid, and has now told me that, since he lives there,and he has applied for homestead exemption on it, it will take an act of God to get him to sell and that everything in it is his.I told my att. and he said that I will have to hire another attorney for he doesn't work in that area, but I should be able to ask for a partion of the estate, back rent from my share, plus the additional attorney fee's. I thought since I was P.R and she wrote it in her will that I had full power to sell I had this right anyway.When I called another att. he looked up my Mom's estate and said he had no idea what this att. has done, and what I can do to enforce my rights and what right's I have left.Can someone please help me...And please tell me what exactly I am entitled to as far as back rent and selling her Homestead that my Brother has taken over.
2 Answers from Attorneys
Re: Somebody please help me...
As PR you have every right to have him evicted and sell the premises. Good luck.
Re: Somebody please help me...
I think I agree with the previous answer. Your brother cannot claim homestead rights unless the property is titled in his name. If the property has not be transferred since you mother's death it is still in her name.
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