Legal Question in Wills and Trusts in Florida
My parents estate has been in probate since 2008 awaiting the sale of a piece of property, and now the mortgage company is foreclosing on the property and have named all parties that are beneficiaries of the estate as defendants in a civil suit. My question is, if I was to negotiate with the mortgage co. and arrange to purchase the property for the balance due would I still be bound to the probate court order to dispose of the property and divide the profit?
Asked on 3/27/12, 6:28 pm
2 Answers from Attorneys
Barry Stein
De Cardenas, Freixas, Stein & Zachary
I would not do that negotiation until you purchase the property out of the Estate and you own it on your own. Then the profits, if any, will be yours.
Answered on 3/25/13, 11:52 am
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