Legal Question in Real Estate Law in Florida

My father passed away a few weeks ago and has a home in Alabama. My sister and I live in Florida, as does our mother. My mother has Dementia and is unable to attend to any of her own affairs. She inherited the house in Alabama but neither my sister or I have any intention of ever living there and want to sell the home. Legally may we sell the home? My sister has a letter from the Nursing Home doctor that certifies she is unable to function mentally. The will left all of Daddy's assets to her and there is no debt.

Asked on 10/10/11, 3:17 pm

1 Answer from Attorneys

robert roemer Robert Roemer & Associates,P.A.

I'm sorry to hear about your loss.If your mother has given your sister a power of attorney than she could sell the property as it appears to be hers now from your description.if the property or was titled in your mother and father's name then the property might pass by operation of law directly to your mother.The next question is did your father have a will which needs to be probated to pass this asset and others to change the title to these assets to the beneficiaries?

I hope this answer helps clarify your situation but if you need assistance my law firm provides legal representation in the above-referenced areas so feel free to contact me either by telephone or e-mail to discuss this matter further.

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Answered on 10/11/11, 8:06 am

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