One question any Florida probate lawyer gets asked a lot is “can I sell this?” Personal representatives in Florida want to get probate administration over with as soon as possible and so do Florida estate attorneys. Do you know the difference between personal and real property forprobate purposes? When can you sell one? When can you sell the other. Great question.
What is the Difference Between Real and Personal Property?
- Florida estate attorneys know that the answer to “can I sell this” all depends on what this is.
- For the sake of Florida probate litigation “this” is really one of two things, real or personal property.
- Has your Florida probate lawyer explained the difference between the two?
- Florida estate lawyers know that real property is land, buildings and other non-movable things attached to that land like a shed (wait, isn’t that a building?).
- Anything else is personal property.
- So when can the personal representative sell this stuff?
Personal Property
- Florida probate attorneys know the rules for personal property can be a little easier.
- Usually Florida probate courts will defer to the judgment of the personal representative in selling personal property.
- That being said you should be consulting estate attorneys Florida on this matter prior to selling anything.
- How is real property different?
- Real Property
- Florida probate courts are not as quick to allow a personal representative to just sell real property.
- That being said one can include in their Florida estate plan clauses to allow for that.
- These power to sale clauses do not have to be too complex either, according to Florida probate courts.
- What does a power to sell or power of sale clause look like in a Florida estate plan?
- What happens if there is no such clause?
- You may need to get the Florida probate court’s permission to sell the property.
- How do you do that?
- Speak to a Florida estate attorney today.
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