Legal Question in Wills and Trusts in Florida

You Can't Evict An Heir

Representing the estate,have been served with estate property violations.Disrepair and unsafe,until violations are met it can not be lived in.Also enviromental issues

Notified my Atty of this requesting a notice to vacate be given to the Heir that has ''moved in''.

The response I was given he is an ''Owner'',you can't evict an owner,if his share is(1/5)of the property settlement.

When it is sold?

Is this Atty's quote correct?

I am now at a loss as to answer to Code Compliance(there hands are tied for it is said to be a civil matter)

not only that the 1/5 heir interfers with any attempt to make property improvementsor access

Would greatly appreciate an opinion on this matter


Asked on 5/20/04, 11:50 am

2 Answers from Attorneys

Carol Lawson Carol A. Lawson, PA

Re: You Can't Evict An Heir

Not enough information provided to answer this. I was rejecting this question.

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Answered on 5/24/04, 11:09 am
David Slater David P. Slater, Esq.

Re: You Can't Evict An Heir

If you have been appointed executor I see no reason you cannot pursue legal remedies, including eviction. You may contact me to discuss .

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Answered on 5/20/04, 1:45 pm


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