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What can be done if the beneficiaries of a Will cannot agree about selling their inheritance?

Question Details:My dad didn't have a Will. I have 4 siblings; 3 of us want to sell the house and 2 refuse to sign anything. Is there anything the 3 of us can do and what do we need to do first before we even get to the point of deciding whether to sell or not? There are no debts whatsoever.

Asked 2 years ago under Wills, Trusts, Probate | 1024 Views | More Legal Topics

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David Slater Answered 2 years ago | None Contributor with 0 answers This Boca Raton, FL attorney is licensed in Florida

1. Retain counsel

2. Probate the estate.

3. Once the PR is appointed he can try to sell or have some heirs buy out the others.

4. The last resort is an action in partition to force a sale,,

Alton A. Linn Answered 2 years ago | None Contributor with 0 answers This Pompano Beach, FL attorney is licensed in Florida

Someone needs to see an attorney to open the intestate (without will) estate of your father.  Someone has to be appointed as personal representative of the estate.   With no surviving spouse, the children each get an equal share in the assets of the estate.    I am assuming the house is the major asset.   The law does not force anyone to be a partner in real property.    Any of the new owners (the children) can petition the court for partition, which is a forced sale of the property.   It is rare for the partition suit to go to completion, because everyone soon realizes that a sale on the courthouse steps is not the best way to get the most money for the property.

M.T.G., Member, New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

I am sorry for your loss.  Your Father died what is known as "intestate" meaning "without a will" .  When that happened the intestacy statutes in Florida kick in and govern how the estate is divided.  You as siblings should receive equal shares and all of you have the same rights.

One or more of you will have to be appointed as the Personal Representative of the estate.  Make sure all interests are represented.  The Petition is available at the Probate Court for the county in which your Father resided at the time of his death.  It could also be available on-line.  Because there is no will, the court must approve any sale of the real property.

As for what to do with the property and probate, I would suggest getting an attorney to help.  Maybe he can work out a deal where the 2 that don't want to sell buy out the other 3 or something else that is amicable.  These times are trying and very emotional.  And splitting up parents estates ca often split up sibling relationships.  Be careful. Good luck.

M.D., Member, California and New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

After a Personal Representative has been appointed as outlined above, you will need to decide about selling the house.  In an instance such as this the legal remedy of "partition" would be available.  This provides for the means the division of property among co-owners (tenants-in-common or joint tenants).

If a property can be physically divided the Court will so instruct.  However, here division would be impracticable since we are dealing with a single family house.  Therefore, the Court will either order a sale of the property and an equitable division of the proceeds among the co-owners, or order a partition which would permit one co-owner to purchase the interest of the remaining co-owner.

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