Legal Question in Wills and Trusts in Florida
A property is owned by 4 heirs who wer granted summary administration. 2 of 4 heirs signed agreement to sell their shares of inherited property to their brother. But the sister refuses to sign anything other than a quit claim deed, instead of a warranty deed agreement, which is what the title company requires. How can the 3 heirs who agree move forward? the sister would receive an equal payment.
2 Answers from Attorneys
Is the sister willing to sign a Quit Claim Deed, conveying her ownership interest to the other heirs? If so, then the 3 heirs can proceed with the Warranty Deed. Understand, however, documentary stamp taxes would likely need to be paid twice. A written agreement can be executed between the heirs to ensure that the sister receives a monetary value equal to her interest in the property in exchange for transferring her interest to the other heirs.
Have her sign the quit claim deed conveying her one-fourth undivided interest in and to the property and pay her off. Afterward you all would have ownership and can sign a warranty deed and satisfy the requirement for the title insurance company.
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