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jb156200, Attorney
Category: Estate Law
Satisfied Customers: 380
Experience:  I am a Probate Attorney practicing in Tampa, Florida.
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I have a one fifth interest in property that was left to my

Customer Question

I have a one fifth interest in property that was left to my siblings and I. There were two lifetime estate to two siblings one passed it to someone else my brother now that both siblings have the passed away. My brother lives in the house and refuses to accept the fact that I have as much right to the house what are my options
Submitted: 1 year ago.
Category: Estate Law
Expert:  jb156200 replied 1 year ago.

Good Afternoon. I am licensed Florida Probate Attorney. I need some more information before I can fully answer your question. For starters, you state there were 2 lifetime estates attached to the property. A life estate deed gives the holder of the life estate the right to reside on the property until their death. Once the lifetime estate holder dies, the property automatically passes to the remainder beneficiary. In your situation are there 5 remainder beneficiaries, and is your brother who is living in the home one of those 5 owners?

Your first option is to have the real property appraised, and have the other four owners buy you out.

Your second option is to buy out your brother for his share of the real estate.

Your third option is to go to court and file a Petition for Partition in the County in which the real property is located. In a Partition action, you are asking a judge to order the sale of the real property. Even if one of the owners is living in the home, the judge may still sign an order allowing the joint owner to sell their interest in the property.

Your brother cannot prevent you from selling your interest in the home.

Please let me know if you have any additional questions or need clarification regarding this issue. I greatly appreciate you rating my answer and hope this information helps you moving forward.