Legal Question in Real Estate Law in Florida
Inherited real estate
My two siblings and I inherited a house from our mother's estate last year. There is an existing mortgage which my mother accepted just prior to her untimely death. There was no funds in the estate to cover this mortgage and it fell to my sister and I since our brother is in another state and unwilling to accept responsibilty. After a yr and half of unsucessful renting we have a contract to sell the house in order to avoid forclosure, keeping in mind the mortgage is in mother's name but deed equally in our names, as per her will, which has been probated. Brother is refusing to sign sales contract and wants $20,000. House is in bad need of repair and no profit is being made, just pay off of mortgage, closing costs and taxes. Short of a lawsuit, how can this be resolved to force his agreement to the sale of the house? And how can my sister and I be protected because of his refusal to have this debt paid off?
1 Answer from Attorneys
Re: Inherited real estate
The personal representative of the estate has authority to sell. If all 3 are PR a court order will be necessary.