Legal Question in Wills and Trusts in Florida

Husband and sister inherited house w/ 1 acre property - they are both on the deed - sister was personal rep and money ($15,000) was left to her to take care of house bills. Fast forward 2 years - sister has spent money and says there is no more and we owe her $1800 so far for what she has incurred - we agree we owe 1/2 the prop taxes she paid (about $700) , but not the yard work she elected to have done or the utility bills (electric and water still on.) House is vacant and deteriorating - we paid to have appraisal done about 4 months ago and offered her 1/2 of appraised value several times - she has refused each time to allow us to buy from her and has refused to buy us out - states that the property is worth $100,000 (appraisal is for $50,000) and she will only accept $50,000, nothing less. If we go to court and partition this, we understand the judge may force her to sell - but will we also be liable for the costs she has incurred without our approval? What possible senarios might unfold?


Asked on 11/24/14, 8:42 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You will be liable for reasonable costs associated with the upkeep on the property. Electric and water bills for an empty property should not have eaten up 15K. She will also need to account for the expenses she paid from the 15K and any additional amounts she has paid since the fund were exhausted. The yard work is likely an appropriate expense. Seek some legal guidance with an attorney familiar with partition actions, an accounting should be requested in addition to the partition.

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Answered on 11/30/14, 11:28 am


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