When a parent dies, families often expect grief to be the hardest part. What many do not expect is how quickly brothers and sisters can begin fighting over a parent’s property, especially a family home.
In our Florida elder law practice, disputes between siblings over inherited property are very common. These conflicts usually happen when there is no clear plan, the home is still in the parent’s name, or one sibling believes they are entitled to more than the others.
This article explains why these fights happen, what Florida law requires, and the legal options families have when they cannot agree.
Why Siblings Fight Over Inherited Property
Sibling disputes often start because the home is still titled in the parent’s name, there is no will or the will is unclear, one child lived with or cared for the parent, one sibling wants to keep the home while others want to sell, one sibling is living in the home without paying expenses, or old family conflicts return during an emotional time.
A Common Florida Situation
A parent passes away owning a home in Florida. One child remains living in the home, often the child who helped care for the parent. The other siblings want the home sold so the money can be divided.
The sibling living in the home may feel they earned the right to stay or that the parent promised them the house. The other siblings may feel the property belongs to everyone equally and it is unfair for one person to live there.
What Happens If the House Is Still in the Parent’s Name
If the home is still titled only in the deceased parent’s name, probate is usually required in Florida. Probate is the court process that determines who legally inherits the property, pays debts, and transfers ownership. Until probate is done, the home usually cannot be sold or transferred.
Working It Out as a Family
Sometimes siblings can reach an agreement without court involvement. One sibling might buy out the others, or the home may be sold and the proceeds divided. Any agreement should be written down and reviewed by an attorney.
Partition Lawsuits
When siblings cannot agree, Florida law allows a partition lawsuit. A judge can order the home sold and the money divided. Partition cases are often expensive and emotionally difficult, but sometimes they are the only option.
Other Common Issues
Disagreements often involve who paid property taxes, insurance, or repairs. Parents may also have made verbal promises that are not legally enforceable.
When to Speak With a Florida Elder Law Attorney
You should seek legal advice if siblings are already arguing, probate has not been opened, or you want to sell or keep the home.
Final Thoughts
Sibling disputes over a parent’s home can be painful and long lasting. Early legal guidance often helps families reach a fair resolution and avoid years of conflict.
