Legal Question in Real Estate Law in Florida

Re: Death during a transaction

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If your grandmother passed away before the transaction closed and now belongs to the trust, it is up to the trustee to either consummate the sale or decide not to honor the contract. You need to speak with the attorney handling this matter who can review all of the details including the terms of the trust and speak with the trustee. The attorney should know what is necessary in order for the trustee to complete the sale.

Scott R. Jay, Esq.

Re: Death during a transaction

A trust does not have an executor.

Re: Death during a transaction

The trust instrument will determine how real property is disposed of, which in all likelihood will simply require, the trustee (your Aunt) execute all closing documents on behalf of the Trust with the sales proceeds deposited into the trust's bank account. If a trust bank account has not been established, then an account needs to be set up immediately and the proceeds deposited into the trust bank account are to be disbursed in accordance with the terms of the trust, whether it be reinvestment or more likely disbursement to the trust beneficiaries. Should you need assistance with this matter closing this transaction, I would be happy to assist. Please contact me for more information should you need further advice or the services of a closing agent for this transaction. Thank you.