Legal Question in Real Estate Law in Massachusetts

Re: joint land ownership needing to separate

The focus is Florida. Unless you waive your interest, or sign it off to her, then you will have to file for partition in Florida.

Re: joint land ownership needing to separate

You have several options. 1) You can simply decline the devise, meaning you don't have to take the land and it will go to the next person in line through the will or to the residuary clause; or 2) You could ask your sister to buy you out if she wants the property badly enough to pay for its value; or 3)You could ask the court for a partition to partition whereby you ask the court to force a sale of the land so you can each take your share in money.

Those are the three most obvious options. There are several more that I can think of. Hire a good probate and/or real estate attorney to advise you and to present you with your options.

Re: joint land ownership needing to separate

If your sister can't buy out your interest in the land and does not want to sell it to divide the proceeds, and assuming it is not owned jointly with a right of survivorship but as a tenacy in common where your respective shares would pass to your respective estates, you may have to file a Petition to Partition as it is called in Massachusetts or whatever its counterpart in Florida may be asking the appropriate court to appoint a commissioner or other fiduciary to sell the property to a third party and divide the net proceeds assuming the land can't be equally divided so your share alone could be sold.