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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 34309
Experience:  12+ yrs. of experience including estate law.
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My father set up s will so that s five children and s

Customer Question

My father set up his will so that his five children and his significant other (Edie) share the estate. Most of the cash has been distributed. However, the house has not been sold. The five children do not want to sell the house at this point. Edie, who is 84 years old, wants to sell. What are the legal ramifications if the five children refuse to sell the house, preventing Edie from claiming her share if she passes away. I'm the executor of the estate and really don't care one way or the other if the house is sold.
Submitted: 1 year ago.
Category: Estate Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

I want to make sure I understand; the will provides each of these individuals receive equal share of the home?

Customer: replied 1 year ago.
Edie receives 11.75% and the children each receive 17.65%. My father stipulated in the will that if Edie or my brother David passes (he has no children of his own) then their distribution stops. The will stipulated that every six months, $7500 is distributed to the children and $5000 to Edie. The cash portion of the estate has now been distributed. The house is what is left of the estate. It is rented and generates income, which is distributed every six months.Edie is not well and wants us to sell the house. My siblings do not want to sell. Edie just informed that she would accept a buyout of a lesser amount. I plan on speaking to my siblings about this. However, if they remain adamant about not selling, nor willing to buy out Edie, does Eddie have legal recourse and force a sale? There is no love lost on the part of my siblings with Edie. I however, have never had a problem. This is taking place in the state of Florida. I live in MA. Everyone else is in FL.
Expert:  P. Simmons replied 1 year ago.

Thank you

As executor you have the obligation to carry out the terms of the will. No more. No less.

Here, since Edie and the children do not agree on sale? You can simply transfer title. As executor of the estate, you have the power to change title to reflect the ownership as provided in the will.

You would want to make sure the new title properly represents the respective ownership interests (so 11.75% to each of the children and 17.65% to Edie. They would each be owners as "tenants in common".

Once title transfers, if Edie wants to sell. She can. Easy...or, rather, relatively easy.

She would have a local attorney file a "partition action" with the court. The court will sell the property and split the proceeds between the new owners (Edie and the children). SO Edie has a way to sell....if she remains determined.

But frankly, once title transfers, before she hires the lawyer, she may want to negotiate with the children to have them "buy her out"...but that transaction is, frankly, not proper for the probate court...they (Edie and the children) can negotiate the details once you transfer title.

Bot***** *****ne: There is no law that requires you to sell the property. You can transfer title and allow the owners to negotiate with each other if they will sell or not.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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