Legal Question in Wills and Trusts in Florida
sale of home by executor of will
would my daughter as executor of my will have any problems selling my home when i pass away. My deceased wife's name is still on the satisfaction of lien of the mortgage.
2 Answers from Attorneys
Re: sale of home by executor of will
Should not be a problem. The liens will need to be satisfied.
Re: sale of home by executor of will
Once your will is admitted to probate, the letters of administration that are issued to your daughter as the personal representative of your estate will allow her to sell the property. She might need to petition the court to authorize the sale, but she will be able to complete the transaction.
I am not sure what you mean when you say your wife's name is on the satisfaction of lien. If you mean that she was also on the mortgage, you realize that the mortgage will be paid and satisfied by the lender upon the sale. If your wife was the lender, then her estae will probably need to be probated to have a personal representative who can execute a satisfaction of mortgage for the sale to go through.