What Are the Legal Risks of Leaving Your House to More Than One Child in Florida?
If you are a parent of multiple children, one of your estate planning goals may be to ensure they each receive an equal share of your estate or trust. This can be relatively simple when it comes to liquid assets like checking or brokerage accounts–just split things down the middle. When it comes to real property, however, things can get more complicated. This is where the Tampa estate litigation attorneys at Bleakley Bavol Denman & Grace can help you answer some critical questions.
For example, if you own your home, do you want your children to continue owning–and even occupying–the property after you die? If not, do you want them to sell the house right away? Even then, there can still be issues, including preservation of homestead and ensuring that your beneficiaries honor your wishes.
Do You Have to Pay Back Rent if You and Your Sibling Inherit a Parent’s Home?
Indeed, one of the more common causes of estate litigation in Florida involves siblings who cannot agree on how to manage a family home after the parent’s death. A pair of recent Florida appellate cases illustrate the types of issues that can arise in these situations.
The first case, Seaborn v. Seaborn, involved a house held in a revocable trust. The trust became irrevocable upon the grantor’s death in 2014, at which point the grantor’s two adult children, a brother and sister, became co-trustees and beneficiaries. The trust included the grantor’s residence.
The sister continued to live in the residence for several years. In 2021, however, the brother said he wanted the sister to either buy out his half of the property or put the home up for sale. Later, the brother filed a lawsuit asking a judge to remove his sister and order a sale, which the court did. Further litigation followed on whether the brother was entitled to an “adjustment” of the sale proceeds to account for the rent the sister should have been paying while she lived in the home.
While the trial court also granted this request for back rent, the Florida Second District Court of Appeal reversed. It held that any rent payments owed were due to the trust itself, not the brother. More to the point, the sister did not owe rent, as she and the brother were legally “co-tenants” during most of the period in question, and Scott failed to allege or prove acts by his sister amounting to ouster or a claim of exclusive possession – a requirement in this case for rent against a co-tenant in possession.
In explaining its decision, the Second District referenced a second case from 2024, Kersey v. Abraham, involving a similar sibling dispute. In Kersey, the grantor left her home in trust with instructions to distribute the property to her two adult children after her death. The sister in this case was named successor trustee, but instead of making the required distribution, she simply left the property in trust and moved into the house. The brother was apparently open to selling his share of the house to the sister, but they could not agree on the property value.
Again, litigation followed. As in the Seaborn case, one issue was whether the sister owed the brother any back “rent” for the time she lived on the property. The Sixth District Court of Appeals held back rent was only due for the period the sister occupied the property while still serving as trustee. Her obligation to pay rent was based upon a breach of her fiduciary duty while serving as trustee, and once she had resigned, she no longer owed a fiduciary duty to the trust’s beneficiaries.
Contact a Tampa Estate Litigation Attorney Today
Sibling rivalry is nothing new. But when siblings have a legal dispute over the handling of a parent’s estate, it is a good idea to seek professional advice and guidance from a qualified Tampa estate planning attorney. Contact Bleakley Bavol Denman & Grace today to schedule an initial consultation.
Sources:
scholar.google.com/scholar_case?case=12274736876873439043
scholar.google.com/scholar_case?case=207022874705742872
