Legal Question in Wills and Trusts in Florida

My mom had a legal guardian that never paid her HOA dues and property tax on her condo. My mom recently died and now my brother and I are owners, with a large debt. (HOA put a lien on the condo) The HOA stated they'll halt the foreclosure for now, to give us a chance to sell it, and they'll get their lien paid. My brother said he wants to sell it, but when I sent him the sellers contract to sign, he's totally ignoring us. The realtors and I are explaining to him that the condo just stalled the foreclosure, but they will go through with it, and my brother and I will get nothing if he doesn't cooperate. We are running out of time. My question: Is there anything I can LEGALLY do to force him to sell it with me? I have emails showing proof that he wanted to sell condo. Please help. Thanks

Asked on 6/02/13, 10:15 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

How did you both become the owners? Did her estate go to probate? If title is in both your names, you can bring an action in partition to force a sale.

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Answered on 6/02/13, 11:32 am

Barry Stein De Cardenas, Freixas, Stein & Zachary

You can file a partition action if you are actually the owners at this time. Seems like some steps were skipped in your fact pattern. Seek some legal advice with all your paperwork. You can never force him to sell to you but you can force the sale of the property and you can be the purchaser.

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Answered on 6/03/13, 7:53 am

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