Legal Question in Wills and Trusts in Florida
Is it legal for the heirs to buy their homes in probate?
My grandfather who died in 2001 left 5 homes and 9 heirs. Two of them bought 2 of the houses and now 7 of the heirs expect my home to be sold also. I would like to know, in Florida, is it legal for an heir to buy a home/ property still in probrate? Since the home(s) are sold does the money that the homes were bought with go into the trust? What is the process for an heir to buy a piece of property still in probate, that once used to belong to a descendent?
1 Answer from Attorneys
Re: Is it legal for the heirs to buy their homes in probate?
The homes are part of the estate and the trust probably explains how your grandfather wanted the estate distributed. Sometimes, assets have to be liquidated for distribution to heirs/beneficiaries. The homes are probably being sold so that the estate can be distributed according to provisions in the trust. If the trust beneficiaries are not the same people as the people who would have taken under intestacy, the heirs will have to share what stayed outside of the trust, if anything.
Property that is under probate can be sold just as any other property with only technical differences. Ordinarily, anyone can purchase probate property that is for sale, including some of the decedent's heirs.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
