Legal Question in Wills and Trusts in Florida

Father in Law passed about 1 year ago - property was in his name, sister in law and my husband; sister in law is executor - no probate - house is just sitting there - sister in law is saying my husband has no say in what happens to the house? Was father in law's homesteaded property until he was put in all names w/ my father and mother in law having right to live there until they died...both are dead. Can my sister in law list w/ a real estate agent or sell without my husband's consent? To make matters more interesting, on the advice of our attorney when making out our wills, husband quit claimed his portion to include me, so now my name is also on the wouldn't I also have to agree?

Asked on 5/03/13, 3:03 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

There is no executor in Fla. A personal representative gets appointed when the will goes to probate. The house cannot be sold without it.

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Answered on 5/03/13, 3:08 pm

Barry Stein De Cardenas, Freixas, Stein & Zachary

The statement "property was in his name, sister in law and my husband" does not really help to determine what happened upon death. Was it held by surivivorship or as tenants in common. This will matter in terms of probate. It sounds like there may have been a life estate with a surivivorship interest to sister in law and husband? Just a guess. For that no probate would be needed to pass title, but both sister in law and husband would appear to have an interest. As for your quit claim deed, again, that is undefined and would need to be reviewed. Have an attorney intervene so you know who the current title holder is and what probate interention is needed, if any.

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Answered on 5/04/13, 8:38 am

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