Legal Question in Wills and Trusts in Florida

My mother died in March. Her house was part of the estate. My uncle, the personal representative signed a one year listing agreement with a realtor. The house did not sell within the 90 day creditor period, and the probate judge has now taken the house out of the estate, and issued a deed with all of the beneficiaries listed as owners. We were told the contract between the personal representative and the realtor is now null and void. However, the realtor is stating he will not remove the lock-box, or remove the MLS listing, until either we, the beneficiaries pay his expenses, or the estate does. The estate is still our money, either way. My uncle is not a beneficiary. and he is the one that signed a one year contract, not the heirs. Do we owe the realtor any money, and can he hold the house ransom until we pay? Basically, we cannot list the house with another realtor with him doing this. Thank you.


Asked on 8/10/16, 5:46 pm

3 Answers from Attorneys
Barry Kaufman The Law Office of Barry W. Kaufman

What did the attorney for the personal representative tell you? Your uncle is required by law to be represented by an attorney (unless your uncle is a licensed Florida attorney), so the judge would not sign anything unless the attorney for the PR presented him an order asking him to do so. It seems like someone needs to pay the realtor. If it doesn't come out of the estate (and legally, it may be that the estate cannot pay the expenses), then yes - the beneficiaries are going to have to come up with the money to pay the realtor.

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Answered on 8/10/16, 6:01 pm
David Slater David P. Slater, Esq.

A one year listing seems unreasonable to me. The beneficiaries need to bring this issue to the judge as to who pays the realtor. Since the estate no longer owns the house, the listing is void. File a complaint with the RE Board and broker. Find a new realtor.

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Answered on 8/10/16, 6:13 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

The listing agreement to be valid had to be signed by the personal representative with the approval of the Court. Did that happen? That order should control the responsibilities. If never approved than any contract signed may be the personal responsibility of the personal representative. Not enough information to answer your inquiry in any more detail. Seek some legal guidance with all of your paperwork.

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Answered on 8/10/16, 7:59 pm


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