Legal Question in Wills and Trusts in Florida
How do I have the will enforced
I am asking this for a 19 yr old male who has shared ownership of a home left to himself AND his sister by his Mother. She passed about a year ago. There are difficulties in cohabitation ..and the boy wants to enforce the will where it is stipulated that one owner would have to buy out the other should this problem arise. The sister refuses to do so, and this house has no mortgage. What can this boy do to force her hand, collect his half of the value of the home and be able to move out.
He came to me for help and I don't know where to start or how to direct him...
2 Answers from Attorneys
Re: How do I have the will enforced
An action in partition. It is done all the time. Call me to discuss.
Re: How do I have the will enforced
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 information, 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 proper method would be to file a suit for partition in which the Petitioner asks the court to require the property to be partioned or divided. In reality, the Court will generally allow one party to buy out the other party's interest.
If the parties cannot agree on a sale to one or the other, then the property will be sold under the supervision of the Court and the proceeds will be split. This may be through a realtor or on the "courthouse steps" through a judicial sale.
The laws in Florida provide for the attorney's fees and costs to be shared by the parties out of the proceeds. I strongly urge you to consult a real estate attorney in your area to discuss the specifics of your case and your legal options.
Scott R. Jay, Esq.
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