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Can a person whos been living on family property continue to live there while the property is in probate?

Ocala, FL |

My half brother was living with our father, on the property, at the time of his death. There are 6 kids and there is a dispute on what part of the property belongs to whom. My half brother, since our fathers passing, has really tore up the property, Is there anything I can do about him continuing to live there, taring the property and the trailer up before it becomes worthless, until the courts can make a dessision about who ownes what and what part?
Plus, if none of the other siblings want to sell the property and can one of us FORCE the sale of the property and have the money split 6 ways? I thought about having the other siblings buy me out but none of them have that kind of money. thank you for your time.

Attorney Answers 3


I am assuming that since the estate is in probate there is an attorney. That attorney should be addressing the situation of your brother tearing up the property. One owner can force the sale of property. If you are an owner and want to do that you need a lawyer to file a partition action. A partition action will force the sale of the property. In my 21 years of practice I have all kinds of real estate litigation. They get you the result you are requesting; however, the time they take and the money they cost all go to how much people are fighting, just like in a divorce.

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I agree with Ms. Lundquist responses. I would add that if there is a current ongoing dispute, you could consider an injunction to prevent the half-brother from destroying the property while it is being sorted out. But as Ms. Lundquist indicated, you should really work with the attorney handling probate to get the most efficient result. Office tel: (561)245-4723 Website: The answer provided does not create an attorney-client relationship, nor is the answer provided intended to be relied upon as legal advice. The information provided by the questioner is insufficient to serve as the basis for meaningful legal analysis. It is the questioner's responsibility to seek legal advice from an attorney who has had the opportunity to familiarize herself with the full details of the questioner's case. By providing these answers, I am not obligated to respond to any subsequent communication from the questioner. If the questioner would like me to serve as their legal counsel and render legal advice, they will have to sign a retainer agreement. The questioner is free to contact my office for a complimentary 30 minute consultation.

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If the estate is in probate, the Personal Representative (PR) is in charge of all estate assets. The attorney assisting the PR should be addressing any issues regarding property and its upkeep. I recommend addressing all concerns to the PR and the estate attorney.
As far as the forced sale of the property, the short answer is yes, there can be a forced sale. The other option is to have the siblings, that want to keep the property, buy out the ones that want to sell.

Good Luck

This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts, Probate, Guardianship, and Business Law. The information provided is for educational purposes and not intended to provide legal advice or to create an attorney client relationship. Please contact me at or call my office should you like to discuss your Florida legal matter further. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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