Legal Question in Wills and Trusts in Florida

The corrective Deed by the Personal representative, prior to this was a Deed on real property being transferred, that was not witnessed or notarized by the decedent, and the banker part, that attorney's email said; ," so that leaves me with getting a subordination of mortgage on (the owners) adjacent land. I have spoken with the (the bank) [soon to be another bank name] and it should be no problem, per the relationship banker for (the owner), he has entered this into their computer as a matter in progress, and expects a person to be assigned from the big office to finalize it. There is a City easement ahead of the mortgage over the south 100 feet already, this would be enough, but of course this would not flow to the benefit of (another Mortgage for another business), but the fact there is already and easement there, the bank will not be giving up much to allow some else to use it. If not, I bet the City would allow (the other mortgage) use the City�s non-exclusive rights." Can the personal representative do this?


Asked on 12/18/15, 11:24 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

The personal representative's marching orders are to marshal the assets and work to protect same. Your question is confusing and difficult to understand. The legal conclusions you draw within your fact pattern sound inaccurate as well. Seek help from an attorney familiar with probate and real estate.

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Answered on 12/18/15, 11:44 am


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