Legal Question in Real Estate Law in Florida
Probating a will
In 1988 I was divorced and as part of the settlement I was awarded the property we had in Florida. My ex wife died in 1991. I am now trying to sell my property and am told that I cannot do it until her will is probated and that it needs to be done by an attorney in the state where the property is and not where she died, unless the attorney in that state is licensed to practice in Florida. I am at a loss as to how to even start doing this., My divorce papers are certified and sdhow that I was entitled to the property in the final judgement.
4 Answers from Attorneys
Re: Probating a will
Unfortunatly your AL judgment has no automatic effect in Florida. An action to quiet title and to enforce the judgment in Florida may be necessary. A representative for your ex wife's estate needs to be appointed to pursue the suit.
Good luck.
Re: Probating a will
Give me a call. I will be glad to explain the process.
Re: Probating a will
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.
The filing of an estate might be avoided by filing a suit to quiet title wherein you file a petition asking the court to determine the true owner of the property in question. It is a relatively simple suit but can become costly as the court may appoint an attorney ad litem for the unknown heirs of the deceased former spouse.
I strongly suggest that you contact a Florida real estate attorney who can review the specifics of your indvidual situation and give you competent legal advice.
Scott R. Jay, Esq., 305-249-8000
Re: Probating a will
The same day I responded to this question, I received an interesting article in the mail from my title insurance underwriter discussing this same issue. I am forwarding the link to the article below:
https://www.thefund.com/fundnet/fundconcept/_files/2004/02-2004_FundConcept.pdf
Please copy and paste this address in your browser and try to open the article. I am hopeful that you will be able to open this up, but if not, you may telephone my office and I will send a copy to you.
Scott R. Jay, Esq., 305-249-8000
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
