New Orleans, LA asked in Estate Planning and Real Estate Law for Florida

Q: if there are 4 siblings and 1 resides on estate property can he be made to move

1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Yes, if probate is complete then you can pursue a potential partition action (avoid it if you can) but you should try to reach reasonable resolution and agreement first. Probate should determine who owns what and then siblings buy out one another with refinance or other options, if nothing works then you pursue partition, which is a forced division/sale.

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