Legal Question in Wills and Trusts in Florida

My parents estate has been in probate since 2008 awaiting the sale of a piece of property, and now the mortgage company is foreclosing on the property and have named all parties that are beneficiaries of the estate as defendants in a civil suit. My question is, if I was to negotiate with the mortgage co. and arrange to purchase the property for the balance due would I still be bound to the probate court order to dispose of the property and divide the profit?

Asked on 3/27/12, 6:28 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Not if handled properly.

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Answered on 3/28/12, 5:29 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

I would not do that negotiation until you purchase the property out of the Estate and you own it on your own. Then the profits, if any, will be yours.

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Answered on 3/25/13, 11:52 am


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