What rights I have and what do I do regarding shared property that was to be sold but has not?

UPDATED: Oct 1, 2022

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What rights I have and what do I do regarding shared property that was to be sold but has not?

My brother and I had our parents property split by a probate lawyer. The agreement states he will sell the property and I will receive 50% of sale. This was 7 months ago; 3 months later he asked to by me out and I agreed. Then the next month he took custody of the property and changed all locks. about 6 weeks ago he let his daughter and her family move in. As of now I have not seen a dime and he won’t contact me.

Asked on January 15, 2019 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your brother had violated the agreement between you, you can sue him for breach of contract--that is, for violating those obligations to which he agreed. You can sue him for a court order requiring the sale of the property and/or for monetary compensation--e.g. for the money you should have received from your share of the sale of the property and/or from his agreement to buy you out. A lawsuit is how you enforce your rights under an agreement. Since we assume a fair amount of money is involved, from the half the value of real estate, you should retain an attorney to help you.

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