Inheritances, Estate Battles, and Partition Actions

A recent opinion from the Supreme Judicial Court of Massachusetts, Ciani v. Macgrath, centers around a surviving spouse’s rights to real property of the decedent. Although this is not a Florida probate case, probate lawyers in Florida encounter estate cases with similar facts.

Here, the surviving spouse of the decedent filed a partition action, seeking to force the sale of three properties that she inherited with the decedent’s children. As West Palm Beach litigators, we frequently see this fact pattern. Probate attorneys know that co-owning property can be very difficult if the co-owners do not get along or see eye-to-eye. What do you need to know about a Florida partition action? Have you recently inherited interest in real property that you co-own with people you don’t like? Would you rather sell a property that you’ve inherited an interest in, or co-own it with people that will make your life difficult? If you are considering filing a partition action in Florida, feel free to call us at (561)514-0900 ext.101 for a FREE consultation.