Legal Question in Wills and Trusts in Florida

When there's been a death, And the PR sells property does the PR have to get permission from the Judge to sell the property? She ask the Judge for a wavier on the accounting and he laughed and said,"No". Showtime! It's all been sold, does the other attorney who was the purchaser's attorney, know this land is in probate and can not be sold? Does the purchaser's attorney need a letter from the Judge saying this land has been released for sale? What happens when there's a large sell, with no permission from the Judge? What should I do? The attorney's were saying in their emails," it had to stay in related entity and could not be sold", there was gov. grants attached to this sell, also, the purchaser said," it won't be sold and who's making the changes?", We know things have been done wrong, just don't know the law. The PR confessed to us that she changed the will and father's will she got rid of and she did not have permission to get rid of the trust. All sent to the Florida Bar. Thank you, CC

Asked on 12/17/12, 6:07 am

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

Having sent everything to the Florida Bar - I suggest you wait and let them handle the investigation for you. However, as to the Personal Representative - IF there is a probate file on record and the property needed to be sold or the beneficiaries wanted the property sold - then there should have been some consents to this and then the Judge would request a Petition for the Sale of the Property. If the property has now been sold to a bonafide purchaser then you have no action against them but you certainly would have an action against the attorneys who were involved in this.

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Answered on 12/17/12, 7:03 am

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