Legal Question in Wills and Trusts in Florida

Selling home while will is in probate

Is it possible for my children to sell my home/car after my death and the will is still in probate and will the home still be insured as long as the insurance is paid by one of the children. Also, could one of my children live in the home or rent it out until sold.


Asked on 4/15/04, 4:04 pm

1 Answer from Attorneys
Marie-Anne Oatley

Re: Selling home while will is in probate

All of those things can be done. To make sure that your personal representative and beneficiaries do not run into trouble, you should have provisions in your will spelling out exactly what you are allowing in terms of the powers you are giving the PR and one of your children's living in the home for awhile. The PR cannot sell real estate without permission from the court if there is no such power granted in a valid will. Note that if your children are minors, they all have a right to live in the homestead.

Normally, insurance is up to date if the premiums are paid.

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Answered on 4/15/04, 5:06 pm


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