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My mother passed away over 2 years ago, she left no will.

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My mother passed away...

My mother passed away over 2 years ago, she left no will. There were 6 siblings upon her death but the oldest died a year ago. She has property in Ft Walton Beach Fla and we have an offer on it. Our oldest sibling left behind 2 heirs whom of which are both grown and of legal age. The older of the 2 is living in the home that my mother left behind without the remaining survivors permission and refuses to agree on the offer for the property for fear of being homeless. The rest of us want him out, in hopes of forcing him to agree with the proposal and take his portion and move on. What can we do?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

Filed, reported?

Submitted: 4 months ago.Category: Legal
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Answered in 9 minutes by:
3/10/2018
Lawyer: Gerald, Esq, Lawyer replied 4 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,336
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald, Esq, Lawyer replied 4 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

When two or more people own real estate together and they can not agree on the disposition of the property, the law provides for a special type of action to resolve the dispute. The Action is called a "Partition" and it is used to have the Courts order the sale of the property over the objections of the owners who oppose its sale.

You can use the Partition Action to obtain an Order removing your siblings heir and directing the property to be sold.

You want to use a Florida Real Estate attorney near where the property is located. If it is hsown that the heir the niece or nephew is being unreasonable or is harming the propert value the could Order that funds be deducted from their share to cover the costs of the action and the repairs.

See this link to help find an attorney:

http://lawyers.findlaw.com/lawyer/practicestate/real-estate-law/florida

Here is a link to the law on this:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064.html

Also see:

https://www.floridabar.org/news/tfb-journal/?durl=%2Fdivcom%2Fjn%2Fjnjournal01.nsf%2FAuthor%2FEF93E7F8DEDFBCE1852573DE00658C57

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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