Legal Question in Wills and Trusts in Florida

quit claim deed & probate

3 years ago mother passed leaving house to sister(we thought!quit claim deed)now we find out house has to go through probate with all siblings involved!have been maintaning house to keep mentaly handicaped brother in "his" home.circumstances changed brother is in group home now.house up for sale,have buyer but we find sister is not owner of house.Problem; house cannot go for sale untill all siblings contacted!Do not know where 2 brothers are --can the mortgage NOT be paid thereby turning house back over to bank?and walking away from this mess!hernando county fla


Asked on 3/23/00, 12:45 am

1 Answer from Attorneys
Kelly Henderson

Re: quit claim deed & probate

You do not need to find all the siblings to open up a probate estate and sell this house. There may be some problems distributing the money you recieve, but those problems can be resolved later. If the house can be sold for more than the mortgage why would you give that money to a bank? Feel free to send me an e-mail if you have any more questions.

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Answered on 3/31/00, 6:48 pm


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