Legal Question in Wills and Trusts in Florida

My siblings and I inherited our mother's estate which includes the home and property to be split evenly according to her Will. Our mother deeded the property to us before she died. We are close to selling the estate. We have been paying the mortgage since she passed. My question is concerning the mortgage. The lending institution is telling our realtors that we may need my Mothers signature, well that is impossible. Question, does the Will which states myself as executor override that, because it does state I have full authority to sell, encumber, or otherwise dispose of the assets of my Estate as in her sole judgment be deemed advisable or propitious without applying to any Court for such authority.

Thank you for your time and hopefully I provided enough information to attain an answer.

Thank you,

Teresa


Asked on 10/28/14, 8:33 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

You need an attorney. If the property was transferred prior in its entirety prior to death, than only the owners are needed to sell it. If the property was not properly transferred than a probate Estate may need to be created to clear title. You don't have sufficient facts to provide an answer to your inquiry.

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Answered on 10/28/14, 12:24 pm


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