Legal Question in Wills and Trusts in Florida

Parent passes and leaves a will that all possesions belong to each of the surviving children. In this case 5 children. If three of the surviving children want to rent the home can one or both of the other surving children force the sale of their portion of the house?

Asked on 6/10/11, 9:12 am

2 Answers from Attorneys

Yes. It is called a partition suit.

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Answered on 6/10/11, 9:42 am
Sanford M. Martin Sanford M. Martin, P.A.

Your inquiry does not include certain critical information. Does the will specify that the property will be sold and proceeds shared equally by the surviving children? If the will is a general bequest to the five children without any restrictive language, it is advised that the five children agree, in writing, on the rental or conveyance of the property. One of the beneficiaries could petition a probate court to order either sale or rental or other disposal; however, the court will consider the intent of the testator as expressed in the will and/or the wishes of the five beneficiaries as determining factors in rendering a decision. Discussion with a probate attorney could clarify other issues which are not included in the inquiry.

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Answered on 6/10/11, 9:47 am

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