Legal Question in Real Estate Law in Florida
Probate - FLA
My Aunt (living in NJ) was willed a house in FLA by her long time companion (never married). Even though she is executrix of the estate and the will states that she is beneficiary of the house, she's been told she can't sell the house because it is not under her name; a family member must do it. Is this true?
Thanks!
3 Answers from Attorneys
Re: Probate - FLA
I believe this person who told her she can't sell the house is wrong and there are steps which need to be taken to sell the house.I would advise you to call me at my ofice to discusss this further. I am a florida attorney who has practice experience in this area.
Re: Probate - FLA
Under Florida law, a non-relative who is not a resident of Florida is not permitted to act as personal representative (executrix) of a Florida probate estate. The personal representative must either be a relative of the deceased or live in Florida. That means that someone other than your aunt would have to be the personal representative. In such a case, in my experience, someone in your aunt's position usually allows the Florida attorney handling the probate to be appointed personal representative. If the court here has already appointed your aunt as personal representative, I see no reason why she could not go ahead and deal with the house, even though she should not have been so appointed. Please have her contatc me if I can be of further assistance. God bless.
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