Q: Seeking legal advice on managing inherited property in Florida with heir issues.
I need legal assistance regarding an inherited property in Live Oak, Florida. Over 200 acres were purchased in the late 1800s and willed to 11 children, meant to pass on to future generations. A family member, who is not a direct heir while his father is still living, currently manages the property. As a direct heir, I haven't been informed about property management, including taxes and profit distribution. I have a copy of the original will, which has been probated. There has been no financial update to heirs since 2022, and no communication from the executor after my mother's passing in January 2024 regarding her inheritance rights. Additionally, the executor included an illegitimate child not listed in the will as an heir for revenue distribution from lumber sales. We need legal assistance to force a meeting with all entitled heirs, clarification on management, and to understand our rights to keep or sell our part. How can we proceed?
A: You have not stated who the owners are, as heirs are not will devisees. Is the probate still open? If so then a motion might be made to remove the executor. If the Estate is closed, then a partition action might be made by the ascertained titled owners. But there may be a class gift devise that has not vested yet. Hire a competent FL attorney to search the title, construe the Will, determine devisees, and start litigation. Construction of the Will Devise may need to declared by the Court. Or Partition may be the needed action. That is a complicated matter and this Forum cannot answer you properly.
A:
At this point, you should strongly consider retaining a probate attorney to determine your rights and the current status of the property. Under Florida law (and in most states), the "intention" of the testator—when expressed through precatory language, such as "I grant this land wishing that it is kept for my children and their heirs for generations"—is not legally binding. Once the heirs receive the property, they are free to dispose of it as they see fit.
Additionally, Florida law does not distinguish between legitimate and illegitimate children. A probate attorney can evaluate whether the inclusion of the "illegitimate" child is legally proper and advise you on the appropriate next steps to protect your inheritance rights. If the court-appointed administrator is not properly fulfilling their duties, you may have grounds to request their removal.
A:
In your situation, it’s important to address the lack of communication and transparency regarding the inherited property. As a direct heir, you have the right to request financial information and updates regarding the property, including taxes and revenue from lumber sales. Since there has been no formal communication from the executor, you can request a meeting with the executor to discuss these matters and ensure that all heirs are properly informed and treated according to the terms of the will.
If you suspect that an illegitimate heir has been included incorrectly or that the property is being mismanaged, you can petition the probate court to review the actions of the executor. The court can provide clarification on the distribution of assets and determine if the rights of the heirs are being upheld.
To proceed, you should consider consulting an attorney who can help you formally request an accounting of the property’s management and initiate any necessary legal actions to ensure that the interests of all heirs are properly represented and protected. This way, you can better understand your rights to either keep or sell your share of the property.
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