Legal Question in Wills and Trusts in Florida
sell of real estate
Closing of Real Estate is set for 9/12/00. Finding out two days ago that one Deed still remained in only the husbands name who passed away 7 years ago. there was no will or trust,now today we discovered a will does exist. stating in paragraft II that he devise entire estate to his wife including power of appointment. Paragraft,III authorize and empower her as personal representative,if and whenever, in the settlement of estate, she deems it advisable, at her discretion, without order of the court, to sell the whole or any part of my property, real, personal or mixed. Can the property be sold and closing done before will has completely gone threw Probate?
2 Answers from Attorneys
Sale before Probate is done.
Situation: Closing set for 9/12/00; found out that Deed in deceased husbands name who passed away 7 years ago; will devises entire estate to wife.
Q. Can the property be sold and closing done before will has completely gone thru Probate?
A. Yes, once Letters are issued. If time is critical, give an "Agreement for Deed" and then Deed the property after Letters are issued.
Re: sell of real estate
Yes as long as she is appointed Personal Respresentative and you receive the letters of administration. This will allow you to sell the properties in his name.
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