Legal Question in Wills and Trusts in Florida

Brother sabotaging sale of inherited property

My mother passed away in November, leaving her house to my sister, brother and myself. My brother, a person who enjoyed the strong bonds of Mom's apron strings, had lived with Mom for many years rent-free. When we all inherited the property, my sister and I told him of our desire to sell as soon as possible. He agreed, but since then has done nothing to move out of the house, despite repeated pleas from my sister and me. Additionally, he has lived in absolute squalor -- there are empty food containers everywhere, dirty clothes covering every square inch of the floor, and he allows his FIVE cats to urinate and defecate on the carpet (where it stays indefinitely). A realtor friend of mine stopped by to take a look at the property and the smell was so awful, he thought someone had died! Not only are my sister and I unable to begin the process of selling the house, but the property value is sinking with each hour that my brother remains a resident of the property.

What rights do my sister and I have? How can we get him out? And can we somehow hold him responsible for the costs involved in cleaning the property? Is there any way to charge him rent for the months that he has lived in the house since we inherited it? HELP!


Asked on 7/26/05, 3:49 pm

3 Answers from Attorneys

Frederick Graves Jurisdictionary

Re: Brother sabotaging sale of inherited property

Call me. I can help. 866-529-3279

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Answered on 7/26/05, 4:11 pm

Re: Brother sabotaging sale of inherited property

You can get where you want to go but you will need to initiate legal action. I suggest you contact a local litigation attorney for an initial consultation. You definitely have rights and remedies available. Good luck.

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Answered on 7/26/05, 7:27 pm
David Slater David P. Slater, Esq.

Re: Brother sabotaging sale of inherited property

There are a number of ways to handle the problem,

including buying him out. The first question is, has the will been probated and who is the personal representative?

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Answered on 7/26/05, 9:44 pm


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