Legal Question in Real Estate Law in Florida

My mother is going to will her house to my brother & I, 50/50. She's quite elderly and may not have much more time with us. My brother plans to use it at his retirement home. I live overseas with my wife and don't really feel any need to have any long term ties to the property. It's quite valuable as it's very close to a popular gulf beach. My questions are:

1. He will want to make some serious changes to the property once he settles down here for good. Can he improve on the property without my permission ?

2. Would it be best if he "buys me out" from my 1/2 of the property once the title changes hands from our mom to him & I ?

Thanks for your help.


Asked on 1/31/12, 12:44 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

1. Yes, if you let him.

2. Yes

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Answered on 1/31/12, 2:34 pm
Richard Kaplan

The second question is the more important one. While I do not know your family, I have seen quite a few family problems with situations like yours. Ultimately, you will feel like your brother has taken ownership, and you have no rights to it.

If you can arrange a buy out, you may be much happier in the long run. Especially if you don't need the property.

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Answered on 1/31/12, 3:18 pm


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