In a probate matter in Florida 3 siblings and 2 siblings accept the offer 1 does not what happens does majority rule
New York, NY
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Posted about 1 month ago in Probate
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2 owners my dad died no rights of suvivorship 50 50 and the 3 siblings get 1/3 of 50% 2 are agree on a settlement because of the title company claims they made a mistake with the verbage I made an offer 2 siblings agree to accept 1 does not what happens please
Answers (1)Jeffrey Scott Goethe
This attorney is licensed in Florida.
Posted about 1 month ago.
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If you and your siblings inherited a 50% share in Florida real estate, you are probably "tenants in common". This means that you each own a share. Two of you can't really force the third to accept a settlement offer. When tenants in common have disagreements about whether or not to sell property, or how they will share expenses relating to the property, the only way to force a resolution is a "partition action." This is like a divorce between the joint owners. The court decides who owns what and if the parties don't settle, the court can order that the property be sold at public auction, with the proceeds divided. This is not a good option, so the owners should do their best to work out their differences. There are many facts that can affect the rights of each owner, so legal advice is crucial. A consultation with a Florida attorney would be well worth the cost to evaluate exactly what would be gained or lost by taking the settlement as well as how to handle the differences between the three siblings.
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