Legal Question in Wills and Trusts in Florida
If the PR sold land and property in probate, what is the statue of limitation on the sale if you choose to enhance your rights and challenge the sale? What is the statue of limitations when challenging a sale of property in probate or is there one? The sale of property was Feb. 2011, and the Judge ordered the accounting in Jan. 24, 2013, if the sale has a statue of limitation of 2 year, you'd need what , a deposition or an injunction on the sale of that property, what do you do to protect your right to and challenge the sale and protect ones interest especially if they know nothing about the sale?? PT Thanks A Million. CC
2 Answers from Attorneys
If there is an order allowing the sale the time to challenge it would have been within 30 days. You would have had to appeal. Once the order was finalized it became the law of the case. Ordering an accounting is a separate issue. That order needs to be complied with independently. You need to hire an attorney.
Again, you need to see an attorney. I would venture to say you have waited far too long to start challenging the estate. When the Petition to sale was introduced, you were given a time period to file your objections. If you did not, which apparently you did not, then the Court has issued an order to sale the property. However, all is not lost, you must have an attorney to represent you in Probate - that is the law. Hire one and have the attorney file a Motion to set aside the Order based on whatever substantial reasoning you have. You may be able to do so prior to the property being sold if it is still on the market.
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