Legal Question in Wills and Trusts in Florida

My father passed last year without a will, only my sister and i are survive. The estate was probated , She is the executor. She wanted to sell, I didnt yet. We agree ammicably to the buyout price and I gave her cash from bonds I cashed in that he left us. I have been paying bills taxes etc since then. The lawyer wants to close the estate, the house is still deeded under my fathers name. The lawyer said he needs it in writing & that my sister is transferring her interest to me. 1) can this just be handwritten & notarized since the house is not in our names yet? 2) Since it isnt in our names, there is no need to do a quitclaim right? 3)$ and investment long term, taxes, etc...is it better for me to have her say it was a buyout in the note, or just a transfer of assets? 4) Is this a good idea to do before the will is in both our names? To avoid the legality (or any consequences) of quitclaim AFTER and then a new deed again? THANKS


Asked on 1/26/15, 9:18 am

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

If there is already a lawyer handling the probate you should consult with that lawyer, as he or she presumably is familiar with all of the facts related to your situation. If you believe you should have a lawyer of your own, then you should schedule an appointment with a probate attorney to discuss all of the details of your case. There may be multiple solutions to your question each with different advantages and/or disadvantages.

Unfortunately, forums such as this are not the best place to get answers for complex matters. In order for an attorney to provide the proper response, quite a bit of information is needed, in most cases. Too many times people believe that these are simple issues with only one solution. However, an attorney has studied and trained to listen to the facts and provide answers based on the information provided, and their education and experience. If there were simply a list of answers to refer to, there would be no need for lawyers.

Good luck.

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Answered on 1/27/15, 5:55 am


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