Legal Question in Wills and Trusts in Florida

Re: Florida Estate

The personal representative has authority to sell at reasonable value.

Anyone who paid for repairs , maintenace or taxes for the property can claim an equitable lien from the proceeds. Good luck.

Re: Florida Estate

Unless there was a new Deed recorded, placing both brothers in title, either personal represetative can enter a contract and complete the sale, although someone being cautious would require 2 signatures on everything. While there may be an equitable lien, I suggest either perfecting it by recording something, or re-opening the estate proceedsings to resolve the issues of claims (probably cheaper to file a true lien). If the property has not yet been sold and the sale completed, you could muddy the waters by contacting all people involved (certified mail) and indicating both your objection to the sale terms and the claim you have for reimbursement. Be careful though, in today's real estate climate, with a glut of houses for sale, especially in Florida, a delay in allowing the sale to go through could be costly if prices drop.

Re: Florida Estate

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the probate is finished and closed and the brothers have equal ownership as you said, neither can sell without the consent of the other. If you cannot reach an agreement, then a suit for partition would be necessary. You can claim reimbursment for any monies loaned to fixup the property for sale during the partition suit.

Scott R. Jay, Esq.