My sister who recently died in florida was owner of a home with me and 2 of my siblings.

I am sorry for the loss of your sister. If your sister's daughter is an owner of the house, she is allowed to live in it and not pay rent. If she is a tenant, who is supposed to pay rent, you can evict her. If she is an owner, you can file a partition action for the forced sale of the property, which will also result in her not living there anymore. If she is a guest who has overstayed her welcome, the appropriate cause of action is called unlawful detainer. I strongly suggest you hire an attorney to do any one of these actions. Good luck.

I am sorry for your loss, and it is unfortunate that you are having such issues with your daughter. I agree 100% with Ms. Lundquist. At this juncture, if she is refusing to surrender possession of the property, you will need to initiate the legal process necessary to remove her. Often, this will start with notice and demand and ultimately require filing a complaint if she refuses to comply (regardless of the which method is required). I am sure this goes without saying, but I would not recommend measures such as literally locking her out or forcefully removing her belongings in any way. Tenancy laws in Florida are highly technical and the procedure must be strictly adhered to. In many such situations, a successful action to regain possession of property will allow the plaintiff to be awarded attorney fees from the defendant. In other words, there is a decent chance that your daughter would have to pay for any legal expenses incurred by you and your sisters. You can find many great attorneys here on that would be able to discuss your situation and the proper course of action. I generally never mention my own firm, but my Partner handles strictly landlord and tenancy issues here in Palm Beach County. If you and your sisters decide to retain legal assistance, please feel free to give us a call at 561-245-4723 or visit our website at www.martinezanda.com. Best of luck!

If your neice had a lease at any time, then you will have to file an eviction action in county court. If she never had a lease, then you have to file and ejectment action in circuit civil court. If you file in the wrong court the case will likely be dismissed for lack of jurisdiction. I would recommend hiring a lawyer in either situation. Another option, which I have had some success with in my probate practice, is to talk to your neice and offer to pay for her moving expenses. It will likely be cheaper than filing a lawsuit and it will help preserve the family relationship.