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

Asked over 1 year ago - 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)

  1. Marian Audrey Lindquist

    Contributor Level 17

    7

    Lawyers agree

    Answered . 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.

    The contents of this answer should be considered friendly advice, not legal advice and the answer should not be... more
  2. Marcos P Martinez

    Contributor Level 13

    5

    Lawyers agree

    Answered . 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.

    marcos@martinezanda.com Office tel: (561)245-4723 Website: www.martinezanda.com. The answer provided does not... more
  3. Adam Troy Rauman

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . 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... more

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