Winter Park, FL asked in Landlord - Tenant and Probate for Florida

Q: I own my parent's home in Florida along with my two siblings. How do we split the proceeds?

I have lived in the home since 2008, 7 years before my mother died. Since her death, I have continued to live here and covered all of the house expenses. Am I entitled to any reimbursement for those expenses (insurance, property taxes, repairs & payments on a HELOC my mother took out) when we split the proceeds? To date, I have paid approximately $35,000.

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3 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber
Answered
  • Hollywood, FL
  • Licensed in Florida

A: If you cannot reach an agreement with your co-owners (siblings) for reimbursement then you can file a Partition action with the court. Once in court you will have the opportunity to prove that you are entitled to more than 1/3 of the proceeds because you paid the expenses to carry the property.

Bruce Alexander Minnick agrees with this answer

1 user found this answer helpful

B. Elaine Jones
B. Elaine Jones
Answered

A: If you have paid out money to maintain the home then you should be reimbursed by the estate. You should consult with a probate attorney. Most JUSTIA attorneys offer a free initial consultation. Contact one of us today. Good luck.

Sincerely,

B. Elaine Jones, Esq.

Bruce Alexander Minnick agrees with this answer

1 user found this answer helpful

Seril L Grossfeld
Seril L Grossfeld
Answered
  • Probate Lawyer
  • Fort Lauderdale, FL

A: I don't necessarily agree totally with the other answers. If you got to live in the house and the other owners did not you would be responsible for the necessary recurring expenses to maintain the house, just like you would have to pay rent for use of premises. Any pay down of the principal of the HELOC you should be reimbursed for, not the full monthly payments. Likewise as far as repairs, it would depend on what the repairs were as to whether or not you should be reimbursed or part of necessary recurring expense to maintain the house.

I would strenuously agree that you should try to resolve these issues with your siblings and put any resolution in writing, since a partition action will be long and expensive for all of you.

Bruce Alexander Minnick agrees with this answer

1 user found this answer helpful

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