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5 FAQ’s About Florida Probate Selling Real Estate

Uncategorized Jul 12, 2014
post about 5 FAQ’s About Florida Probate Selling Real Estate

Palm Beach County probate sells valuable real estate….. can this be done?

Probate Attorneys Florida Sell Real Estate Without Telling Beneficiaries

  • Many times, estate beneficiaries get upset when they learn that mom or dad’s vacation home or Florida homestead was sold without them knowing
  • Can this be done?
  • Is this right?
  • Here are 5 frequently asked questions about palm beach county probate which florida estate attorneys get from beneficiaries and family members
  1. Can the florida estate attorney sell the real estate?  Answer: yes.  The Florida Probate Code gives the personal representative of a Florida estate power to sell real estate.   The personal representative of a Florida probate must be represented by Florida estate attorneys, who typically handle the sale of real estate in the estate.
  2. Do I get notice of the probate sale of real estate? Answer: maybe.  Sometimes, probate attorneys in Florida file a motion to sell real estate in the Palm Beach County probate, especially if the real property is HOMESTEAD in Florida.
  3. Can I object to the sale of the real estate by the Florida Estate Lawyer? Answer: yes, if you have standing and you are timely.   Any “interested” person can have an opportunity to be heard in a Palm Beach County probate.  The Palm Beach County Probate Court orders sale of property.  At the end of the hearing, your probate court judge will order the sale, order that the sale not go forward, or maybe postpone the sale.  But, be careful: probate beneficiaries can’t interfere with estate sale in bad faith.
  4. What happens to the real estate sales money?   Answer:  the sale proceeds become an asset of the palm beach county probate and will be used for expenses and legal fees or for inheritance distributions to beneficiaries.  Palm Beach real estate used to pay Florida estate attorneys ….or…..heirs inherit from palm beach probate sale of real estate.
  5. Can I buy the real estate from the Palm Beach County Probate?  Answer: yes.  If you have a right of first refusal or an option to buy it, you have contract rights.  If you do not, then you can line up like any other potential buyer.  But absent langauge in the will giving you preference as a buyer, the florida estate lawyer is free to deal with any buyer they want, as long as the deal is fair and reasonable and ….. real estate sale in best interests of palm beach probate beneficiaries.