Legal Question in Wills and Trusts in Florida

I am one of three sibling beneficiaries of my fathers estate, also Personal Representative. My brother is willing to decline having his name placed on the title so the house is only awarded to my sister and me. He will accept payment of his share from my personal funds after the notification period determines any creditors to the estate. My sister will live in the house until we can sell it.

Can we present some type of documentation to the Probate Court before final Probate ? What type of legal paperwork should I prepare as Promissory note or release of claim to the estate for my brother?


Asked on 3/20/14, 5:24 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

A written settlement agreement, signed and notarized by all parties.

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Answered on 3/20/14, 6:01 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

Work with the probate attorney. If there is not one, hire one, you need one to make sure this all works as planned.

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Answered on 3/21/14, 5:34 am


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