Legal Question in Wills and Trusts in Florida
Executrix named for estate
My mother recently passed away, leaving a will and naming my sister as Executrix of the estate. She left behind our family home, and some other property that she used as rental income. The will states that the property shall be divided equally among each of the three children who are alive. We are all alive, however two of us are in FL and one in GA. Questions:
Do we have to go through Probate? How do we go about selling the property? What is the role of an Executrix? How do you ''divide'' ownership of the remaining property?
1 Answer from Attorneys
Re: Executrix named for estate
If the home is titled in only your mother's name, then you would have to go through probate to have that property transferred according to her will. The sale of the home would be handled through probate if you want to sell. The executor's role to file probate and handle the administration of the estate, i.e. gather all assets, inform creditors, file will, retain attorney to handle unless executor is familiar with probate and the law and rules of probate, etc. Feel free to contact me if you have any more questions.
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