If my grandmother Willed her condo to her 3 adult children and 1 has been living in it, what rights to entry do the other 2 siblings have?

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If my grandmother Willed her condo to her 3 adult children and 1 has been living in it, what rights to entry do the other 2 siblings have?

Asked on December 13, 2012 under Estate Planning, Florida

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

even though all three of you have an undivided one third interest in the condo, your right of entry may be limited as the result of a rental agreement previously entered into with the grandmother by the granddaughter living in the condo. If so, then you will need to obtain probate counsel to probate the estate to be able to inventory the estate of your grandmother, and get the property appraised for the purpose of sale wiht the proceeds being divided; in the interim, the grand daughter living in the condo needs to be assessed rent for her occupancy of the condo, 2/3 of te rental value payable monthly to the estate account.


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