Legal Question in Wills and Trusts in Florida
Father in Law died recently - house was life estate w/ my father in law, husband and sister in law named on deed. Will states sister in law is personal rep - she has stated she will not pay 1/2 the taxes or insurance. She is insisting on selling the house - we can not afford to buy her out - we are not happy about this, but have been told by an attorney it is in our best interest to list the house and sell it rather than make her partition us, as the judge could sell it on the courthouse steps for pennies on the dollar. So - if we sell through a real estate agent a) can we be held responsible for 1/2 the real estate agents commission at closing if we don't sign the listing agreement? b) Do we have to close if we don't agree on price sold for? Any repurcussions if we do refuse? c) if we buy insurance on the house in my husband's name only and a claim happens which he is paid for, does he have to give her 1/2? Can that amount be held out of the house proceeds when sold? Thanks!
1 Answer from Attorneys
YOu both are now owners of the property. IN order for it to be sold, you both will have to sign a contract.