Legal Question in Wills and Trusts in Florida

my husband past away and I need to sell property that is in both our names. do i need to have contract for sell in his and my name or just my name? It is a cash sell and will pay off the loan and taxes associated with property. I do have his will.


Asked on 5/01/14, 7:50 am

2 Answers from Attorneys
Joseph Justice The Justice Law Firm

It depends on how the deed to the property is titled.

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Answered on 5/01/14, 7:51 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

If property was titled as entireties, husband and wife, or survivorship, you own the property and all you need to do to clear title to you alone is record a certified copy of his death certificate. if you owned as tenants by entirety you will need to probate his estate and have his personal representative agree to sale with you. Hire an attorney.

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Answered on 5/01/14, 7:55 am


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