Q: How to proceed with probate of property in Florida?
My fathers mother passed away a few months ago. There are six siblings in all. They do not all agree on how the land with the home is to be divided. The will states that all assets are to be divided equally (only asset is the land and family home). One of the brothers had the land surveyed and divided leaving two of the brothers with unusable land. Can they force the sale of the property instead of getting shafted with what is offered to them?
A: The short answer is maybe. There are generally two options when co-owners are partitioning or being subjected to partition of land: (a) in kind (what has been proposed by the surveying sibling); or (b) by sale and dividing the proceeds. If one of the siblings files a suit or demand for partition, any party can object to the proposed partition in kind -- and setting aside one or more tracts that are worth less than the others is certainly grounds for objection. The various parties can make different proposals and argue their fairness. The judge will eventually decide which proposal is the most fair. Or the judge will decide that the only fair resolution is to order the property sold and the proceeds divided among the heirs. Either way, they'll need an experienced real estate or probate lawyer. Justia.com can help them find one near them. Good luck.
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