Legal Question in Real Estate Law in Florida

My Grandpa passed away in 2013 and when he passed away my Father inherited 50% of his estate and my Uncle, his brother inherited the other 50%, tenants in common. My father, later on, passed his portion down to my brother and myself, 25% & 25% co-ownership with my uncle 50% tenancy in common. In 2015, my uncle unexpectedly passed away at his house, then his 50% was split between his two daughters. By mid-2015, all four cousins were equal cohorts in ownership of the estate. I owned 25%, my brother owned 25%, Sara owned 25% and Patricia owned 25%. Soon after, my aunt, who is an Attorney...decided to send letters to me and my brother stating that Patricia and Sara, her daughters wanted to sell the property and if we do not agree, they would file a petition in Circuit court seeking a judicial partition of the Properties. The well-written letter ended with respectfully asking me to respond in two weeks or less. In which I respectfully did, explaining to them after a lot of thought, we were not ready to jump into the sell of the property at this time. I encouraged a more therapeutic approach that, I thought, would make both sides of the family happy. I stated that we could at least try filing for a Partician in kind, and figure out if the property had the ability to split in for equal shares. We just wanted more time, for we were in shock mode at that time due to family demanding or seeking court only. My brother and I ended up giving in to my aunt, at that time the only thing I could think of was nothing. She was an attorney, she writes legal documents all day, she knows the system...We know nothing but compassion and love. Thereafter, both Parcels that we all equally owned were appraised, a new roof was put on, and other attractions applied better update parts of the house that couldn't go without. The properties were listed on different websites, last year. Just a couple of months ago, we sold the small parcel, and each received our cut of the share. Another Parcel with the 100acres about and the house has been on the market for a year and have heard slim to nothing from anyone.

Where I am now is, I never wanted to sell, at that moment in time, I didn't feel as if I had any other choice but to go along with the sale. My question at this time is, what options if any, do I have if I wanted to try and filed to some sort of action that would get the house off the market, and to where we could try and figure out a better solution that would benefit for us all. Thank you.

Asked on 8/19/18, 6:38 pm

1 Answer from Attorneys

Alan Wagner Wagner McLaughlin, P.A.

Your problem is that they can force the partition/sale. Fighting will only cost you money for lawyers, but you can see a lawyer to explain things. Of course, you and your brother can buy your cousins out if that is an option, then you will own the entire property and can do with it whatever you want.

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Answered on 8/20/18, 8:46 am

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