Legal Question in Wills and Trusts in Florida

Father passed away in florida, and we are now dealing with the probate process. We've filed for proof of homestead- real property in order to sell his home. As of today our probate lawyer has not given us papers of proof of homestead. We have an offer on the house and have accepted this offer. Can we legally go through the closing of this home without these proof papers since the home will not go thru probate and will be to the heirs "us". We have letters of adminstration, is this enogh to sell the home?


Asked on 1/02/11, 1:20 pm

2 Answers from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

If the title company handling the closing will let you close, do it. However, I doubt seriously whether they will. The attorney may be waiting for the creditors' period to expire before obtaining the Order. Ask him.

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Answered on 1/07/11, 2:11 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You ahver a lawyer and this question should be posed to him or her. You would be silly to follow advise from people who do not have all the facts whjen your lawyer does.

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Answered on 1/10/11, 7:34 pm


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