Legal Question in Real Estate Law in Florida

My question is I have a friend, his Mom passed away recently. He still lives in the house they had, she was very ill. The estate is in his & another siblings name. The sibling has another house in the same neighborhood. The sibling just filed a LIS PENDENS on the estate for some reason. The sibling wants rent because the house is half his/hers. They have a huge mess & have not settled the estate. What exactly is a LIS PENDENS and does the sibling have any grounds to file a LIS PENDENS?? Thank you..

We live in South Florida


Asked on 8/25/12, 3:33 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

A lis pendens is filed when someone claims an interest in real estate and wants the world to know this so no sale can occur without notice of the preexisting yet unresolved claim. The issues of entitlement to and how much should be litigated in the probate Estate or in Circuit Court if the property was indeed homestead at the time of death. Seek legal help sooner than later.

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Answered on 8/27/12, 7:37 am


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