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 construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button
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.
email@example.com Office tel: (561)245-4723 Website: www.martinezanda.com. 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.
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.
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. www.ferraezlucas.com 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 firstname.lastname@example.org 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.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.