A Florida personal representative of a Florida probate filed a partition action seeking partition of 160 acres of Florida land which the decedent (deceased) had an interest in, and also accounting for rents, profits and expenses. If you inherit land with another beneficiary and your Florida probate lawyers can’t come to some agreement with your co-tenant or co-owner, that’s when Florida probate litigation attorneys may suggest a partition action. What do you need to know about inheriting Florida real estate with others? Well, you may want to read this November 24, 2015 case which was just handed down by the 1st District Court of Appeal.
Personal Representative of Probate Files Partition Lawsuit
- In this Florida probate case, the plaintiff was the personal representative of a Florida estate, or, what Florida trust lawyers say others call an estate executor or a probate executor
- Let’s say that your mom’s Florida estate plan leaves a piece of Florida real estate equally to, say, 5 beneficiaries
- But all the probate beneficiaries have different ideas on what to do with the land, or who can use it
- When co owners like that don’t get along, then estate lawyers in Florida may try to work out a solution
- But if the Palm Beach estate beneficiaries can’t agree, sometimes you have to have a probate court judge make all the decisions
- A partition action in Florida can force the sale of the land and make everyone pay their fair share of the real estate taxes, expenses, upkeep, insurance, etc.
- A partition action in Florida will also distribute, fairly, the profits or rents of the real estate, to the co tenants
When Does a Florida Partition Action Over Real Estate Make Sense?
- Partition actions are not limited to Florida probates or only when you inherit a piece of Florida real estate with others
- Partition actions sometimes happen in divorces in Florida or when partners or Florida companies have shareholders who don’t agree
- Probate litigation attorneys will tell you that co ownership can be difficult and not all co owners or co tenants see eye to eye
- A Florida probate lawyer will tell you that once the owners can’t agree, then a partition action may make the most sense
- What do you need to know about a Florida partition action and what can you read to help you understand how a partition action works?
- Consider reading the November 24, 2015 Florida 1st District Court of Appeal case ofCrusaw (personal representative of the estate of Annie E. Crusaw) v. Crusaw
- In this Florida partition action, it’s not clear just how hard the probate attorneys in Florida worked to get a solution among all the co owners of the land
- Evidently, there was a disagreement among the probate beneficiaries and the heirs at law which the Florida probate lawyers could not solve
- It appears that there was a lot of work to try to get everyone to agree. There was a stipulation and evidently some agreement to sell the Florida real estate
- To find out why the probate court was reversed, and to learn what you need to know about the legal analysis behind a partition action in Florida, then consider reading a complete copy of this November 24, 2015 Florida probate appeal opinion whichFlorida estate attorneys and probate beneficiaries will want to read:https://edca.1dca.org/DCADocs/2014/5912/145912_DC13_11242015_104656_i.pdf