Seeking legal advice on real estate dispute between family members inheritance...

Seeking legal advice on real estate dispute between family members inheritance...

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Seeking legal advice on real estate dispute between family members inheritance...
  #1  
Old 05-25-2016, 01:00 AM
Jhennessey Jhennessey is offline
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Default Seeking legal advice on real estate dispute between family members inheritance...

Recently, my father passed away and left my sister and I a 50 percent split of his estate, naming her as executor of the will. There is a 4,000 balance own the mortgage which, along with the house insurance is being paid out of my father's account by my sister. She had put the house for sale while I am still living here(I was taking care of him). Today we had an offer of 80,000 for the house and I told her I am not ready to sell. Well that upset her and she said she talked to a lawyer and can have me kicked out. Is this true? Do I have to sell? I am looking for a cheap lawyer to assist...money is very tight right now. Any suggestions are appreciated. Thanks for your time!

  #2  
Old 05-25-2016, 02:52 PM
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cmj1210 cmj1210 is offline
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You would most likely have to buy her out. Good luck.


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  #3  
Old 05-26-2016, 07:22 AM
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Lyle Gant Lyle Gant is offline
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Quote:
Originally Posted by Jhennessey View Post
Recently, my father passed away and left my sister and I a 50 percent split of his estate, naming her as executor of the will. There is a 4,000 balance own the mortgage which, along with the house insurance is being paid out of my father's account by my sister. She had put the house for sale while I am still living here(I was taking care of him). Today we had an offer of 80,000 for the house and I told her I am not ready to sell. Well that upset her and she said she talked to a lawyer and can have me kicked out. Is this true? Do I have to sell? I am looking for a cheap lawyer to assist...money is very tight right now. Any suggestions are appreciated. Thanks for your time!
Actually if you both own the home she cannot sell it unless you agree to sign closing documents, otherwise it is not a legal transaction and cannot be completed. But, you will need a will or something that designates you as a 50 % stakeholder. Good Luck.

[/URL] Youj also might try localprobonoattorney.com
GOOD LUCK!!!
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Partition Sale
  #4  
Old 05-26-2016, 10:59 AM
Waverunner Waverunner is offline
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Default Partition Sale

I am not a lawyer, but have an interest in following real estate laws. What Lyle Gant has stated is partially true. An outright sale cannot take place without the sign off of all owners.

When one owner wants to sell and other owner(s) do not, there is a "thing" called a partition action. One owner can indeed force a sale.

I have included a link here that is merely to help understand the applicable law. It is not an endorsement of this site.

Beware of the cheap lawyer. Even the qualified lawyer. A lawyer who runs up billable hours on these type of actions can file a lien against your portion of the real estate proceeds, so he/she will get paid. Plus, your relative is going to have legal expenses, which may get charged against the estate.

I just can't tell you how fast a legal process a partition action is in this state or in your county. (i.e. Florida foreclosures can take years.)

Your better plan may be to save the legal expenses, work together to get the best price for the sale of the property, agree on the timing, and figure out where you are going to live next.

Best wishes.

Partition Action Florida: Real Estate Law Statute & Lawsuit
  #5  
Old 05-26-2016, 12:49 PM
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rjm1cc rjm1cc is offline
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Since she is the executor under the will she can probably do what ever she needs to do to settle the estate. That could include selling all assets, paying all debts, filling tax returns and then distributing the proceeds (cash) according to the will.

One option would be for you to ask for your share of the estate to include the home. If you both can agree that 80,000 is fair then you would take the home and she would take 80,000 in cash from the estate. Since you are living in the home I would expect you to pay 100% of the expenses since the date of death.

If the home was titled so on death it went to you and your sister (not the estate) then she can not sell without your agreement. She would have to get a court order forcing you to sell. The home would not be part of the estate for probate purposes.
  #6  
Old 05-27-2016, 10:57 AM
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manaboutown manaboutown is offline
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You need a good lawyer, not a cheap lawyer.

Given the amounts involved and your ability to pay I suggest you attempt to obtain pro bono or costs only representation from a good lawyer. IMO, you need a lawyer specializing in estate issues rather than a lawyer specializing in real estate.

Good luck!
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