Legal Question in Wills and Trusts in Florida

My father passed away, we went thru probate(Florida), three kids named legally to split sales of home and auto. We want to sell the car. Do all three of us have to sign something over? (two live out of state)


Asked on 11/27/09, 10:54 am

3 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

Yes, the title of the car if this was a summary administation where all three are dividied equally. If a f ormal administration the pr can sell the car and then disburse the funds three ways as per the will.

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Answered on 12/02/09, 10:58 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

It depends if the car was willed to you three (then the answer is yes) or if the will said to sell the car and split the proceeds (then the answer is know -- the etstate sells it).

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Answered on 12/02/09, 9:14 pm
Sarah Grosse Sarah Grosse, Esquire

I have to disagree with Ms. Becude. Even in summary administration, the PR can sell the car and split the proceeds 3 ways. In fact, that is what I would suggest to my clients. I fail to see how formal administration would change the answer. Mr. Wagner is correct that it depends whether "the car" or "the proceeds from sale of the car" were willed to each of you three.

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Answered on 12/04/09, 1:13 am


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