When the judge enters an order declaring the property homestead that order transfers the property to the 10. That order also specifically takes the property out of the probate. I am not able to conceptualize how the probate judge is going to then order that property sold.
I have experience representing clients in partition actions. I have dealt with situations where other parties to those actions don't open their mail, don't sign for their mail, won't sign deeds, etc. If an owner won't sign a deed you need a court order to transfer title. I had one instance where the property was very valuable, given that one of the owners was not responding to his mail the Court appointed an attorney to represent him. Partition actions with uncooperative family members are never quick, easy cases, and I have never seen one adjudicated by a probate judge.
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You may benefit from contacting an experienced probate attorney in the area if you do not already have one. There are certain avenues you can take to sell the property even if all of the beneficiaries do not wish to. One way is to petition for the sale of the property because it is in the best interest of all the beneficiaries of the estate.
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It would seem that the best course of action to have the probate judge order the sale of the proeprty. That would eliminate a parition action making it moot as the property will be sold during estate administration and the proceeds would be split pursuant to the terms of the will.
Retain an estates attorney immediately.
Hope this helps.
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Once the home is determined to be a Florida Homestead, the court home will be distributed per the terms of the will or intestate statute.
In most cases there are ways of forcing a sale through an action for partition. You should discuss the pros and cons of this with a Fl estate planning lawyer and determine if this is something you want to do.
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