West Warwick, RI asked in Real Estate Law, Estate Planning and Probate for Florida

Q: My father left a property %70 stepmom, %15 me, %15 my brother. Are we forced to sell if she wants it to

My father left it. It is an ocean rental property that he meant for us to keep and earn income on. I want to keep it because after her death it goes back to my brother and I. Obviously she and her children would like to sell it now.

2 Lawyer Answers
John Richert
PREMIUM
Answered

A: You should consult with an attorney regarding the type of ownership of the property. The attorney will need to look at the deed or probate court order that transferred the property to you, your brother, and your stepmom. Depending on the type of ownership, the property may not automatically transfer to you and your brother at the time of your stepmother's death. It also may depend on your stepmother's estate plan.

A: Can't say for sure without reviewing the deed giving title.

You need to consult with a real estate attorney to have the deed reviewed and then discuss your we

questions.

Good luck. .

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.