Nichols, FL Estate Planning Law Firms & Lawyers

You need to open a probate file in your county. Unless there was a will that says otherwise, you should petition to be the executrix (called personal representative). As execurtrix, you can force sale of the homes. If there is already an estate and you re not executrix, you can schedule a hearing with the judge and ask him to force a distribution. Estates are required to be closed in a year, so it should be wrapped up. Once you get your share of the houses, you can force a sale through a partition action, a court proceeding which requires a sale of property if one co-owner requests it.

While paying them directly to the beneficiaries generally shelters them from the creditors of the estate, it can subject them to the creditors of the beneficiaries. You should discuss the options with Florida Estate Planning Lawyer to determine which is best for you and your beneficiaries given your current and likely future situation.