Q: my mother passed away 15 years ago and my 2 sisters and I are in the will but the one sister who was the person in .

A: There is not quite enough information in your question to give you a complete answer. When you say that your other sister took over, do you mean that she opened an estate? If the property has already passed through your mother's estate and is titled to the three sisters in equal shares, then you have already received a 1/3 interest. If you want to become the 100% owner, you would need your sisters to transfer their interest to you by deed. Then you would be the 100% fee simple owner and could get a construction loan if you qualify for one.

If the estate was never opened and this property is still heirs property, then you would need to open an estate. One strategy your attorney may consider is to file a petition for partition inside the estate. This would allow you to receive credit for payment of the property taxes to increase your share of the property ownership upon partition. Partition inside the estate may be preferable in this case, unless you believe your sisters would sign a quitclaim deed (deed of gift) to you in recognition of your paying the property taxes. If they are willing to sign quitclaim deeds, then you would not need to petition for partition inside the estate. You could simply petition for summary administration and ask the judge to sign an order of summary administration that would transfer the property to the three sisters in equal shares like a deed. Then the sisters could sign quitclaim deeds to you, and the property would be 100% yours.

I would encourage you to seek the advice of an experienced probate attorney in your area OR you are welcome to call my office for a free phone consultation. We handle summary administration for a flat fee and can open estates anywhere in Florida. We also prepare deeds.