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Florida Probate Question of the Day:
My mom, thankfully still alive at age 85, has informed my sister and I that under the terms of her will, we split everything 50-50. There are no other heirs. Mom’s greatest asset is her house, which she owns free and clear (no mortgage). If my sister and I won’t consent to sell it, can I sell my interest in it?
Allow me to make a few assumptions before responding:
1. The Will either specifically devises the homestead to you and your sister; OR
2. The Will makes no specific reference to the homestead but has a “residuary” clause which generally leaves all property to you and your sister; AND
3. The Will does not specifically instruct the Personal Representative to sell the homestead and distribute the proceeds.
(If the Will does specifically instruct the Personal Representative to sell the homestead and split the proceeds, then your question is moot.)
Otherwise, without the consent of all heirs, there is no specific mechanism in Florida probate law to simply sell an heir’s fractional interest in homestead property.
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