Legal Question in Wills and Trusts in Florida
Probate
In June 2005, my brother passed away leaving his estate to me and my three sisters. All creditors have been paid, but we have not been able to sell the real property. Two extensions have been filed with the court, the latest expires in March 2008. What happens if we have not sold by then (the Florida real estate market is very soft), do the courts demand an auction?
2 Answers from Attorneys
Re: Probate
no, if no one objects you should have no problem.
Re: Probate
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Not necessarily. The parties can simply take title with the deed listing the respective share of each party. If one of the heirs disagrees, he or she can ask for the court to partition the property thus causing an eventual judicial sale.
Scott R. Jay, Esq.
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