Legal Question in Wills and Trusts in Florida

my brother passed away in florida his will left his house to me and 3 more siplings all listed on the will, my sister and I talked to the other 2 siblings they agreeded we could live in the house we all agreeded that we would give them 20.000 for their part of the house both of them they said that was ok can we do that without going through probate


Asked on 4/12/17, 6:49 pm

5 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No. . . you really need a lawyer to get the deed transferred properly

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Answered on 4/12/17, 7:25 pm
David Slater David P. Slater, Esq.

1. No, house must go through probate. and have an Estate Personal Representative sign the deed.

2. Unless your agreement was in writing, it cannot be enforced.

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Answered on 4/13/17, 4:41 am
Ronald Jones Ronald A. Jones, PA

You need to talk to probate lawyer; based on what you're saying; the house was brothers "homestead'"; you can probably transfer the house without a personal representatives deed, it would likely be transferred by an Order Determining Homestead signed by judge, but you may be able to do that in a summary administration, which is type of probate (depending on how long brother has been dead and whether there are other assets and any bills). Once house is transferred in equal shares to all 4 siblings then the two selling siblings can sign deeds to the other 2 and get paid. But a probate lawyer should be able to detail exactly what you need to do.

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Answered on 4/13/17, 5:49 am
Lucreita Becude Lucreita D. Becude, P.A.

My colleague Mr. Jones is correct in his answers to you. Depending on the size and amount of the estate , can be done through Summary Administration and the property divided to all four of you. Afterwards each of you can decide how to pay and deed that portion to the others.

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Answered on 4/13/17, 1:32 pm

This can likely be done through Summary Administration along with a signed agreement and deed. Because there are multiple beneficiaries involved, Florida requires an attorney to handle the Summary Administration. You will want an attorney to review other potential assets that may be subject to probate as well.

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Answered on 4/14/17, 2:38 pm


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