Legal Question in Real Estate Law in Florida

Re: Need an Attorney to sell a house left to me with mortgage?

The will must be probated so you can be appointed by the court to administer the estate. Numerous documents have to be prepared and filed. Unless you are knowledgable I suggest you retain an attorney. The cost will be much less than if you make mistakes and then first have to retain an attorney to fix it. You can call me to discuss further. Good luck.

Re: Need an Attorney to sell a house left to me with mortgage?

NOTE: This communication is not intended as and should not be interpreted as

legal advice. Rather, it is intended solely as a general discussion of legal principles.

You should not rely on or take action based on this communication without first

presenting ALL relevant details to a competent attorney in your jurisdiction and then

receiving the attorney's individualized advice for you. By reading the "Response" to

your question or comment, you agree that the opinion expressed is not intended to,

nor does it, create any attorney-client relationship, nor does it constitute legal advice

to any person reviewing such information, nor will it be considered an attorney-client

privileged communication. If you do not agree, then stop right here, and do not read

any further.

There are several legal issues involved in this questions. First, you are required to probate the estate. This is a process by which the court reviews pleadings filed by a party and determines who is entitled to the ownership of the assets and who is responsible for the payment of expenses. The court has the ability to appoiont the personal representative who can then petition the court to sell the real property. Generally, lay people have great difficulty in probating an estate without legal representation. The cost may be much less than you anticipate and I encourage you to "shop around".

Secondly, in order to sell your property, certain instrument(s) have to be filed with the State of Florida and perhaps the Internal Revenue Service regarding the taxable value of the estate. If taxes are due, they will have to be paid to the IRS and a clearance letter received (only if this is a taxable estate).

Third, you have the actual sale of the real property which involves the preparation of at least six (6) legal documents at closing, not to mention the Contract for Sale and Purchase. I have experienced some of the worst nightmares when individuals tried to do this without representation and then came to my office very upset when things went very different than anticipated.

I strongly encourage you to retain the services of a competent attorney who can work with you on all of these matters and help you to probate the estate and close on this transaction.

Scott R. Jay, 305-249-8000