Legal Question in Wills and Trusts in Florida
Heir to Heir Property
Hello, My Grand Mother passed away in 1997. In her will, she left 1/3 interest of her property in Florida (Escambia County)to each of her 9 grandchildren.
My sister, brother and I are the only grandchildren of the 9 that are actually paying taxes and maintaining this property. Another grand child was named excecutor and given ''full and complete management'' of the estate.
I have a few questions:
1. What is ''full and complete management''?
2. How would that pertain to an excecutor, or 6 grandchildren that choose not to participate in paying for this property?
3. If we decided to sell the propery, would we need the approval of ALL of the grandchildren?
4. If the property is sold, would the other grandchildren be entitled to a portion of the proceed even though they did not help keep the property?
5. Is there a law that states that if the taxes for a piece of land is payed for a certain amount of years that the land could be tranfered to your name?
This property has become a burden for the 3 of us, seeing that neither of us wish to live on the property. We have discussed selling the land but don't know where to begin. If we decide to keep the propery, I want the property transfered to our names.
1 Answer from Attorneys
Re: Heir to Heir Property
You have asked many questions and I will try and address a few. You do not say who owns the other 2/3 interest in this property and that may be important to my answers. You can sell without the agreement of all owners, but that will take some court action and depending on the property value may or may not be worth the effort. If the property is sold, all the heirs would share in the proceeds although you should get a credit for taxes paid. The land does not go into your name simply because the taxes were paid from your checking account. If the heirs who are not paying taxes are willing to transfer their share of this property to you that could easily be done. It is time for a family meeting so the all of you can reach some joint decision.