Legal Question in Real Estate Law in Florida

realty

my uncle and grandma were killed in a car accident grandmas was deemed at fault cousins own half my mom and dad care for home paying 100% bills cant sell home without cousins agreement mom does not want to let it go no help from cousin who is biding her time until she can buy what can be done


Asked on 4/24/09, 11:56 pm

2 Answers from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: realty

Whenever two or more people share ownership of real property, any of them can file a partition action with the court (through an attorney, preferably one who has some expertise in real estate litigation). The court will then order the property to be sold. This is not the preferred way to go, as the parties are better off to agree to sell, but it is a right of each co-owner to do this. Maybe the threat of such (or the filing of the action) will move your cousin off her rump.

Any of the parties may also ask the court to award them a "special equity" in the proceeds due to money they have put into the property which should have been shared by all the owners.

I assume that the probate court has already determined that the property passed to your mother and cousin. If not, that would also have to be done.

Your parents may be out of luck on the funeral expenses and the $7000, but they could ask the attorney they retain for the partition action.

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Answered on 4/28/09, 10:03 am
Frank J. Pyle Probate Attorney Throughout Florida

Re: realty

Can't understand your situation. Slow down. Start all over again, using punctuation. What property are you talking about? Who owns/owned it? Who is related to whom?,etc.

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Answered on 4/27/09, 10:06 am


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