Orlando, FL asked in Probate for Florida

Q: Both parents deceased with a WILL. only asset is 60 acres to be devided to 4 kids. All probate & survey done. Brothers

Brothers atty ready to disburse each 15 acres to heirs. Brother refuses to distribute to siblings What to do.

Related Topics:
1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: This matter should and usually is handled via the probate, if it cannot be handled or was not handled in probate then you are potentially stuck with a Partition action, you should try to reach agreement because partition can be costly, best to find resolution amongst yourselves via probate and hopefully avoiding partition. Your real estate attorney or whomever you hired should be handling this, it either passed via deed upon death or will need to be probated I suspect.

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.